N.C. R. Prac. Super. & Dist. Ct. 8

As amended through June 18, 2024
Rule 8 - ALTERNATIVE DISPUTE RESOLUTION
8.1 All parties to civil cases, except matters exempted by G.S. 7A-38, will be required to participate in a Mediated Settlement Conference, which shall be conducted pursuant to Rules of the North Carolina Supreme Court Implementing Statewide Mediated Settlement Conferences.
8.2 The TCC is specifically delegated and assigned the authority and responsibility of managing the mediation process, including establishment of deadlines and ensuring adherence to those deadlines. The TCC is authorized to sign all orders and other documents related to Mediated Settlement Conferences.
8.3 Originals of the Designation of Mediator form, all motions, the Report of Mediator and any other documents are to be sent directly to the TCC for review and processing, after which the TCC will send the documents to the Clerk of Superior Court for filing.
8.4 The following Local Rules shall supplement the Mediation Rules:
A. Timing of the Order for Mediated Settlement Conference. An Order for Mediated Settlement Conference shall be included as one of the provisions of the Scheduling Order described in this Plan.
B. Motion to Authorize the Use of Other Settlement Procedures.
(1.) A party may move to use the arbitration program existing in Judicial District 29B, or any other settlement procedure provided for in Rule 10 of North Carolina Supreme Court Rules for Mediated Settlement procedure in lieu of a mediated settlement conference by submitting a motion to the TCC.
(2.) The motion should state that all parties consent to the use of the alternative procedure. In the event arbitration is selected, the case will be subject to the rules governing that process. The use of another settlement procedure will not delay the trial date.
(3.) If a case is removed from the pending trial docket so the parties may engage in binding arbitration, said arbitration shall be completed within six months from the date of the order of removal.
C. Designation of Mediator. Counsel for the plaintiff(s) is responsible for completing the appropriate portions of the Designation of Mediator form (AOC-CV-812, available at nccourts.org) and returning the original to the TCC within 21 days of the date of the Scheduling Order.
D. Appointment of Mediator by the Court. If the parties have been unable to agree on a mediator, or if the form is not returned within the time prescribed, the TCC shall appoint a mediator by selecting the next available name on the appropriate list of certified mediators. The TCC may depart from the general procedure in certain instances, in the TCC's discretion.
E. Mediator Directory. The list of mediators who are willing to accept appointment in Judicial District 29B consists of those who live within geographical proximity of at least one of the counties within the district. However, any certified mediator may be included on the list if he or she contacts the TCA in writing and requests inclusion, and if he or she acknowledges familiarity with the District's Local Rules and agrees to abide by them. A list of all mediators certified in the State of North Carolina is available through the AOC website (nccourts.org). The parties may not agree to utilize a non-certified mediator.
F. Motion to Extend Deadline for Completion of Mediation. A party, or the mediator, may move to extend the deadline for completion of the mediated settlement conference by submitting the motion to the TCC in the manner described in Local Rule 4.4(B). Said motion should propose a new District 29B Local Rules - Page 6 deadline. After determining whether there are any objections to said motion, the TCC will issue an order either granting or denying the motion. A motion to extend the deadline beyond the trial date will not be granted.
G. Report of Mediator. The mediator shall complete form AOC-CV-813 , available through the AOC website (nccourts.org) and send the original to the TCC.

N.C. R. Prac. Sup. & Dist. Ct. Civ. P. 8

Effective 7/1/2023.