§ 7A-38.3A. Prelitigation mediation of insurance claims. - North Carolina Statutes

§ 7A‑38.3A.  Prelitigation mediation ofinsurance claims.

(a)        Initiation of Mediation. – Prelitigation mediation of aninsurance claim may be initiated by an insurer that has provided the policylimits in accordance with G.S. 58‑3‑33 by filing a request formediation with the clerk of superior court in a county in which the action maybe brought. The insurer also shall mail a copy of the request by certifiedmail, return receipt requested, to the person who requested the informationunder G.S. 58‑3‑33.

(b)        Costs of Mediation. – Costs of mediation, including themediator's fees, shall be borne by the insurer and claimant equally. When anattorney represents a party to the mediation, that party shall pay his or herattorneys' fees.

(c)        Mediation Procedure. – Except as otherwise expresslyprovided in this section, mediation under this section shall be conducted inaccordance with the provisions for mediated settlement of civil cases in G.S.7A‑38.1 and G.S. 7A‑38.2, and rules and standards adopted pursuantto those sections. The Supreme Court may adopt additional rules and standardsto implement this section, including an exemption from the provisions of G.S.7A‑38.1 for cases in which mediation was attempted under this section.

(d)        Certification That Mediation Concluded. – Upon theconclusion of mediation, the mediator shall prepare a certification stating thedate on which the mediation was concluded and the general results of themediation, including, as applicable, that an agreement was reached, thatmediation was attempted but an agreement was not reached, or that one or moreparties, to be specified in the certification, failed or refused without goodcause to attend one or more mediation meetings or otherwise participate in themediation. The mediator shall file the original of the certification with theclerk and provide a copy to each party. Each party to the mediation hassatisfied the requirements of this section upon the filing of thecertification, except any party specified in the certification as having failedor refused to attend one or more mediation meetings or otherwise participate.The sanctions in G.S. 7A‑38.1(g) do not apply to prelitigation mediationconducted under this section.

(e)        Time Periods Tolled. – Time periods relating to the filingof a claim or the taking of other action with respect to an insurance claim,including any applicable statutes of limitations, shall be tolled upon thefiling of a request for mediation under this section, until 30 days after thedate on which the mediation is concluded as set forth in the mediator'scertification or, if the mediator fails to set forth such date, until 30 daysafter the filing of the certification under subsection (d) of this section.

(f)         Medical Malpractice Claims Excluded. – This section doesnot apply to claims seeking recovery for medical malpractice. (2003‑307, s. 2.)