Of note Obligations of counsel. Counsel must also be prepared to discuss settlement and ADR with the court at all case conferences. Information from court. At filing, counsel receive a copy of the district's CJRA plan, which describes the district's differentiated case management system and ADR initiatives. If parties do not select an ADR process, the court refers the case to the court-based mediation program.
Referral occurs after the close of discovery.
The mediation sessions are conducted by trained attorney-mediators selected from the court's roster or, with court approval, from the private sector. Parties who select their own mediator must reach agreement with the mediator regarding the fee. Mediators appointed by the court receive the court-set fee, while parties found indigent by the court pay no fee. The process is governed by the CJRA plan and by the Rules Governing Mediated Settlement Conferences in Superior Court Civil Actions promulgated by the North Carolina Supreme Court. Number of cases.