§ 150B-23.1. Mediated settlement conferences. - North Carolina Statutes

§ 150B‑23.1.  Mediated settlement conferences.

(a)        Purpose. – This section authorizes a mediation program inthe Office of Administrative Hearings in which the chief administrative lawjudge may require the parties in a contested case to attend a prehearingsettlement conference conducted by a mediator. The purpose of the program is todetermine whether a system of mediated settlement conferences may make theoperation of the Office of Administrative Hearings more efficient, less costly,and more satisfying to the parties.

(b)        Definitions. – The following definitions apply in thissection:

(1)        Mediated settlement conference. – A conference ordered bythe chief administrative law judge involving the parties to a contested caseand conducted by a mediator prior to a contested case hearing.

(2)        Mediator. – A neutral person who acts to encourage andfacilitate a resolution of a contested case but who does not make a decision onthe merits of the contested case.

(c)        Conference. – The chief administrative law judge may order amediated settlement conference for all or any part of a contested case to whichan administrative law judge is assigned to preside. All aspects of the mediatedsettlement conference shall be conducted insofar as possible in accordance withthe rules adopted by the Supreme Court for the court‑ordered mediationpilot program under G.S. 7A‑38.

(d)        Attendance. – The parties to a contested case in which amediated settlement conference is ordered, their attorneys, and other personshaving authority to settle the parties' claims shall attend the settlementconference unless excused by the presiding administrative law judge.

(e)        Mediator. – The parties shall have the right to stipulate toa mediator. Upon the failure of the parties to agree within a time limitestablished by the presiding administrative law judge, a mediator shall beappointed by the presiding administrative law judge.

(f)         Sanctions. – Upon failure of a party or a party's attorneyto attend a mediated settlement conference ordered under this section, thepresiding administrative law judge may impose any sanction authorized by G.S.150B‑33(b)(8) or (10).

(g)        Standards. – Mediators authorized to conduct mediatedsettlement conferences under this section shall comply with the standards adoptedby the Supreme Court for the court‑ordered mediation pilot program underG.S. 7A‑38.

(h)        Immunity. – A mediator acting pursuant to this section shallhave judicial immunity in the same manner and to the same extent as a judge ofthe General Court of Justice.

(i)         Costs. – Costs of a mediated settlement conference shall bepaid one share by the petitioner, one share by the respondent, and an equalshare by any intervenor, unless otherwise apportioned by the administrative lawjudge.

(j)         Inadmissibility of Negotiations. – All conduct orcommunications made during a mediated settlement conference are presumed to bemade in compromise negotiations and shall be governed by Rule 408 of the NorthCarolina Rules of Evidence.

(k)        Right to Hearing. – Nothing in this section restricts theright to a contested case hearing. (1993, c. 321, s. 25(b); c. 363, ss. 1, 3; 1995, c. 145, s. 1.)