Rule IX - MEDIATED SETTLEMENT CONFERENCES9.1GENERAL: Pursuant to N.C.G.S. § 7A-38.1, the Rules Implementing Statewide Mediated Settlement Conferences in Superior Court Civil Actions ("MSC Rules") are adopted and incorporated herein by reference as of their effective date. The following additional rules related to mediated settlement conferences apply:a.EXTENSION OF DEADLINE: A party, or the mediator, may request the Senior Resident Superior Court Judge to extend the deadline for completion of the mediated settlement conference. Such request shall be addressed to the Trial Court Coordinator, state the reasons the extension is sought and shall be served by the moving party upon the other parties and mediator. If any party does not consent to the request, said party shall immediately communicate its objection to the Trial Court Coordinator. Requests for extensions after the original deadline has passed will not be granted.a.Notice of Decision: The Senior Resident Superior Court Judge may grant the request by setting a new deadline for completion of the conference, which date may be set at any time prior to or following the trial date assigned at a Trial Calendar Conference. Notice of the Judge's action shall be served immediately on all parties and the mediator by the party who sought the extension and shall be filed with the Court.b.Deadline Overlapping Trial Date: If the requested extension will interfere with the trial date assigned at the Trial Calendar Conference, a request for a continuance of the trial must be filed at the same time as the request for extension of the mediated settlement conference deadline. Pursuant to Rule 3.(e) of the MSC Rules, the mediated settlement conference shall not be the cause for the delay of other proceedings in the case, including the completion of discovery, the filing or hearing of motions, or the trial of the case, except by order of the Senior Resident Superior Court Judge.c.Insufficient Grounds for Motion for Continuance: The lack of a timely request for a continuance of a trial date in an action that has had an extension of the mediated settlement conference deadline, in accordance with Local Rule 6.2, shall not be grounds for a continuance after a trial date has been assigned.d.Voluntary Mediations: Cases may be voluntarily submitted to mediation, prior to the entry of the Order for Mediated Settlement Conference and Trial Calendar Notice by the Senior Resident Superior Court Judge. In these cases, the parties must provide proper notice to the court that mediation is being entered into voluntarily. The notice must also include a reasonable deadline for the completion of the mediation, not to exceed 6 months following the filing of the notice, as well as the parties' designation of mediator. A copy of the notice must be provided to the Trial Court Coordinator and selected mediator.N.C. R. Prac. Sup. & Dist. Ct. Civ. P. IX
Adopted October 4, 2021, effective 1/1/2022.