North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 03 - HEARINGS DIVISION › Section .0200 - MEDIATION SETTLEMENT CONFERENCE › Section 03 .0207 - COMPENSATION OF THE MEDIATOR

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				By Agreement. When the mediator is stipulated to by the parties, compensation
				shall be as agreed upon between the parties and the mediator.
(b) By Order. When the mediator is appointed
				by the Office of Administrative Hearings, the mediator shall be compensated by
				the parties at the uniform hourly rate and a one-time, per contested case,
				administrative fee, due upon appointment, as set by the Chief Administrative
				Law Judge except as provided by Paragraph (d) of this Rule. The Chief
				Administrative Law Judge shall set the rate at the same rate set by Rule 7 of
				the Rules of the North Carolina Supreme Court Implementing Statewide Mediated
				Settlement Conferences in Superior Court Civil Actions.
(c) Change of Appointed Mediator. Pursuant to
				Rule .0202 of this Section, the parties have 21 days to select a mediator.
				Parties who fail to select a mediator within that time frame and then desire a
				substitution after the presiding Administrative Law Judge has appointed a
				mediator, shall obtain approval from the presiding Administrative Law Judge for
				the substitution. If the presiding Administrative Law Judge approves the
				substitution, the parties shall pay the presiding Administrative Law Judge's
				original appointee the one time, per case administrative fee provided for in
				Paragraph (b) of this Rule.
(d)
				Indigent Cases. No party found to be indigent by the presiding Administrative
				Law Judge shall be required to pay a mediator fee. Any mediator conducting a
				settlement conference pursuant to these Rules shall waive the payment of fees
				from parties found by the presiding Administrative Law Judge to be indigent.
				Any party may move the presiding Administrative Law Judge for a finding of
				indigence and to be relieved of the obligation to pay that party's share of the
				mediator's fee. Such motion shall be heard subsequent to the completion of the
				conference or, if the parties do not settle their contested case, subsequent to
				the conclusion of the contested case hearing but prior to the issuance of the
				Administrative Law Judge's decision. In ruling upon such motions, the presiding
				Administrative Law Judge shall apply the criteria enumerated in
				G.S.
				1-110(a), but shall take
				into consideration the outcome of the contested case, and whether a decision
				was rendered in movant's favor. The presiding Administrative Law Judge shall
				enter an order granting or denying a party's request.
(e) Postponement and Fees. As used in this
				Paragraph, the term "postponement" shall mean reschedule or not proceed with a
				settlement conference once a date for the settlement conference has been
				scheduled by the mediator. After a settlement conference has been scheduled for
				a specific date, a party may not unilaterally postpone the conference. A
				conference session may be postponed by the mediator for good cause beyond the
				control of the moving participant(s) only after notice by the movant to all
				parties of the reason for the postponement, and a finding of good cause by the
				mediator. Without a finding of good cause, a mediator may also postpone a
				scheduled conference session with the consent of all parties. Postponement fees
				shall be paid by the party requesting the postponement unless otherwise agreed
				to between the parties. Postponement fees are in addition to the one time, per
				case administrative fee provided for in Paragraph (b) of this Rule. The Chief
				Administrative Law Judge will set the rate at the same rate set by Rule 7 of
				the Rules of the North Carolina Supreme Court Implementing Statewide Mediated
				Settlement Conferences in Superior Court Civil Actions.
(f) Payment of Compensation by Parties.
				Unless otherwise agreed to by the parties or ordered by the presiding
				Administrative Law Judge, mediator's fee shall be paid in equal shares by the
				parties. For purposes of this Rule, multiple parties shall be considered one
				party when they are represented by the same counsel. Parties obligated to pay a
				share of the costs shall pay them equally. Payment shall be due upon completion
				of the conference unless there is a pending motion for determination of
				indigency. In such case, payment shall be due upon a ruling on the
				motion.
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.