§ 58-44-100. Conduct of the mediation conference. - North Carolina Statutes

§ 58‑44‑100. Conduct of the mediation conference.

(a)        The Commissionermay adopt rules, in addition to the provisions of this section and that are notin conflict with G.S. 7A‑38.1 or the Rules Implementing StatewideMediated Settlement Conferences in Superior Court Civil Actions adopted by theSupreme Court of North Carolina pursuant to G.S. 7A‑38.1 and G.S. 7A‑38.2,for the conduct of mediation conferences under this Part. The rules adopted bythe Commissioner shall include a requirement of the mediator to advise theparties of the mediation process and their rights and duties in the process.

(b)        Repealed by SessionLaws 2007‑300, s. 4, effective October 1, 2007, and applicable topolicies issued or renewed on or after that date.

(c)        The mediator shallterminate the negotiations if the mediator determines that either party isunable or unwilling to participate meaningfully in the process or upon mutualagreement of the parties.

(d)        Repealed by SessionLaws 2007‑300, s. 4, effective October 1, 2007, and applicable topolicies issued or renewed on or after that date.

(e)        The representativeof the insurer attending the conference shall:

(1)        Bring, in paper orelectronic medium, a copy of the policy and the entire claims file to theconference.

(2)        Know the facts andcircumstances of the claim and be knowledgeable of the provisions of thepolicy.

(f)         An insurer will bedeemed to have failed to appear if the insurer's representative lacks authorityto settle within the limits of the policy.

(g)        The mediator shallbe in charge of the conference and shall establish and describe the proceduresto be followed. The mediator shall conduct the conference in accordance withthe Standards of Professional Conduct for Mediators adopted by the SupremeCourt of North Carolina and, where not inconsistent, with the RulesImplementing Statewide Mediated Settlement Conferences in Superior Court CivilActions adopted by the Supreme Court of North Carolina pursuant to G.S. 7A‑38.1and G.S. 7A‑38.2. The Commissioner may refer any matter regarding theconduct of any mediator to the North Carolina Dispute Resolution Commission.

(h)        All statements madeand documents produced at a settlement conference shall be deemed settlementnegotiations in anticipation of litigation. The provisions of G.S. 7A‑38.1(j),(l), and (m) apply and are incorporated into this Part by reference. If theCommissioner or an employee or designee of the Commissioner attends asettlement conference, the Commissioner, employee, or designee shall not becompelled to testify about what transpired at the settlement conference orabout any other matter in connection with the settlement conference.

(i)         A party may moveto disqualify a mediator for good cause at any time. The request shall bedirected to the Administrator if the grounds are known before the mediationconference. Good cause consists of conflict of interest between a party and themediator, inability of the mediator to handle the conference competently, orother reasons that would reasonably be expected to impair the conference. (2006‑145, s. 1; 2007‑300,s. 4.)