26 NCAC 03 .0203             MEDIATION SETTLEMENT CONFERENCE

(a)  Where Conference is to be Held.  Unless all parties and the mediator otherwise agree, the mediated settlement conference shall be held in the courthouse or other public building in the county where the contested case is pending.  The mediator shall reserve a place and make arrangements for the conference and give timely notice to all attorneys and unrepresented parties of the time and location of the conference.

(b)  When Conference is to be Held.  The Chief Administrative Law Judge's order issued pursuant to Paragraph (b) of Rule .0201 of this Section shall clearly state a date of completion for the conference.  Such date shall not be less than 90 days or more than 120 days after the issuance of the Chief Administrative Law Judge's order.  The Chief Administrative Law Judge may shorten these time limits in order to meet statutorily imposed deadlines for the hearing of certain types of contested cases.

(c)  Request to Extend Date of Completion.  A party, or the mediator, may request the presiding Administrative Law Judge to extend the deadline for completion of the conference.  Such request shall state the reasons the continuance is sought and shall be served by the moving party upon the other parties and the mediator.  The presiding Administrative Law Judge may grant the request and enter an order setting a new date for the completion of the conference, which date may be set at any time prior to hearing.  Such order shall be served upon the parties and the mediator.

(d)  Recesses.  The mediator may recess the conference at any time and may set times for reconvening. If the time for reconvening is set before the conference is recessed, no further notification is required for persons present at the recessed conference.

(e)  The Mediated Settlement Conference Is Not To Delay Other Proceedings.  The mediated settlement conference shall not be cause for the delay of other proceedings in the contested case, including the completion of discovery, the filing or hearing of motions, or the hearing of the contested case, except by order of the presiding Administrative Law Judge.

History Note:        Authority G.S. 7A-751(a); 150B‑23.1;

Eff. February 1, 1994;

Amended Eff. April 1, 2001;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016.