North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 03 - HEARINGS DIVISION › Section .0200 - MEDIATION SETTLEMENT CONFERENCE › Section 03 .0202 - SELECTION OF MEDIATOR

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Selection of
				Certified Mediator by Agreement of Parties. The parties may select a certified
				mediator by agreement within 21 days of the Chief Administrative Law Judge's
				order. The petitioner or petitioner's attorney shall file with the Office of
				Administrative Hearings a Notice of Selection of Mediator by Agreement within
				21 days of the Chief Administrative Law Judge's order, however, any party may
				file the notice. Such notice shall include: the name, address and telephone
				number of the mediator selected; the rate of compensation of the mediator; the
				agreement of the parties as to the selection of the mediator and rate of
				compensation; and that the mediator is certified pursuant to these
				Rules.
(b) The presiding
				Administrative Law Judge shall appoint mediators certified by the Dispute
				Resolution Commission pursuant to Paragraph (c) of this Rule.
(c) Appointment of Mediator by the presiding
				Administrative Law Judge. If the parties cannot agree upon the selection of a
				mediator, the petitioner or petitioner's attorney shall so notify the presiding
				Administrative Law Judge and request by motion, on behalf of all parties, that
				the presiding Administrative Law Judge appoint a mediator. The motion must be
				filed within 21 days of the date of the Chief Administrative Law Judge's order
				and shall state that the parties have had a full and frank discussion
				concerning the selection of a mediator and have been unable to agree. Upon
				receipt of a motion to appoint a mediator, or failure of the parties to file a
				Notice of Selection with the presiding Administrative Law Judge within 21 days
				of the Chief Administrative Law Judge's order, the presiding Administrative Law
				Judge shall appoint a mediator, certified pursuant to these Rules, who has
				expressed a willingness to mediate contested cases.
(d) Mediator Information Directory. To assist
				the parties in the selection of a mediator by agreement, the Office of
				Administrative Hearings shall prepare and keep current a list of certified
				mediators who wish to mediate contested cases. The list shall be kept in the
				Office of Administrative Hearings and made available to the parties upon
				request.
(e) Disqualification of
				Mediator. Any party may move for an order disqualifying the mediator. For good
				cause, such order shall be entered. If the mediator is disqualified, a
				replacement mediator shall be selected by the parties or appointed by the
				presiding Administrative Law Judge pursuant to this Rule. Nothing in this
				Paragraph shall preclude mediators from disqualifying themselves.
Authority
				  G.S.
				  7A-751(a);
				  150B-23.1;
Eff.
				  February 1, 1994;
Amended Eff. October 1, 2009; April 1,
				  2001;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 23,
				  2016.