North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter G - NORTH CAROLINA INDUSTRIAL COMMISSION RULES FOR MEDIATED SETTLEMENT AND NEUTRAL EVALUATION CONFERENCES › Section .0100 - MEDIATION AND SETTLEMENT › Section 23G .0102 - SELECTION OF MEDIATOR

Current through Register Vol. 39, No. 2, July 15, 2024
(a) By Agreement of
				  Parties. The parties in a workers' compensation case or a state tort claims
				  case may, by agreement, select a mediator certified by the North Carolina
				  Dispute Resolution Commission within 55 days of the filing of a Form 33 Request
				  that Claim be Assigned for Hearing, or otherwise within the deadline set forth
				  in the Commission's order entered pursuant to Paragraph (c) or Paragraph (d) of
				  Rule .0101 of this Subchapter, subject to the Commission's authority to remove
				  the mediator selected by the parties due to a conflict of interest. The
				  stipulation may be transmitted by either party, shall be dated as of the date
				  it is transmitted to the Commission, and must be received by the Dispute
				  Resolution Coordinator within 55 days of the filing of a Form 33 Request that
				  Claim be Assigned for Hearing, or otherwise within the deadline set forth in
				  the Commission's order entered pursuant to Paragraph (c) or Paragraph (d) of
				  Rule .0101 of this Subchapter. The scheduled date of the mediated settlement
				  conference shall be within 120 days of the mediation order. The stipulation
				  shall include the date of the scheduled mediation, the name, address and
				  telephone number of the mediator selected by agreement, and shall confirm that
				  the mediator is certified by the Dispute Resolution Commission. The applicable
				  deadline shall be extended by the Dispute Resolution Coordinator upon request
				  of the parties. Any party may waive the applicable deadline for the selection
				  and suggestion of mediators and request that the Commission appoint a
				  mediator.
(b) Appointment by
				  Commission. If the parties fail to notify the Commission of the parties'
				  selection of a mediator within 55 days of the filing of a Form 33 Request that
				  Claim be Assigned for Hearing, or otherwise within the deadline set forth in
				  the Commission's order entered pursuant to Paragraph (c) or Paragraph (d) of
				  Rule .0101 of this Subchapter, the Commission shall appoint a mediator to hold
				  a mediated settlement conference in the case. The Commission shall appoint a
				  mediator who meets the requirements in Paragraph (b) of Rule .0108 of this
				  Subchapter. In the absence of any suggestions by the parties with regard to the
				  appointment of mediators, the Commission shall select the mediator for the case
				  by random order, unless the Commission determines that, because of unusual
				  circumstances, a particular mediator should be appointed in a particular
				  case.
(c) Disqualification of
				  Mediator. Any party may move the Commission for an order disqualifying a
				  mediator. For good cause, such order shall be entered. If the mediator is
				  disqualified, an order shall be entered for the selection of a replacement
				  mediator pursuant to this Rule. Nothing in this Paragraph shall preclude
				  mediators from disqualifying themselves.
Authority
					 G.S.
					 97-80(a),(c);
					 143-296;
					 143-300; Rule 2 of Rules for
					 Mediated Settlement Conferences and Other Settlement Procedures in Superior
					 Court Civil Actions;
Eff. January 16, 1996;
Amended
					 Eff. October 1, 1998;
Recodified from
					 04 NCAC
					 10A .0616;
Amended Eff. July 1,
					 2014; January 1, 2011; June 1, 2000
Eff. January 16,
					 1996;
Amended Eff. October 1, 1998;
Recodified from
					 04 NCAC
					 10A .0616;
Amended Eff. July 1,
					 2014; January 1, 2011; June 1, 2000;
Recodified from
					 04 NCAC
					 10G .0102 Eff. June 1,
					 2018.