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 .0104 - DUTIES OF PARTIES, REPRESENTATIVES, AND ATTORNEYS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Attendance. The following persons shall attend the mediated settlement
				  conference:
(1) all individual
				  parties;
(2) in a workers'
				  compensation case, a representative of the employer at the time of injury if:
(A) the employer, instead of or in addition
				  to the insurance company or administrator, has decision-making authority with
				  respect to settlement;
(B) the
				  employer is offering the claimant employment and the suitability of that
				  employment is at issue; or
(C) the
				  employer and the claimant have agreed to simultaneously mediate
				  non-compensation issues arising from the injury.
(3) an officer, employee, or agent of any
				  party, that is not a natural person or a governmental entity, who is not the
				  party's outside counsel and who has the authority to decide on behalf of the
				  party whether and on what terms to settle the action;
(4) in a workers' compensation case, an
				  employee or agent of any party that is a governmental entity who is not the
				  party's outside counsel or Attorney General's counsel responsible for the case
				  and who has the authority to decide on behalf of the party whether and on what
				  terms to settle the action;
(5)
				  when the governing law prescribes that the terms of a proposed settlement may
				  be approved only by a board, an employee or agent who is not the party's
				  outside counsel or Attorney General's counsel responsible for the case and who
				  has the authority to negotiate on behalf of and to make a recommendation to the
				  board. In claims with settlements subject to the review and approval by the
				  Industrial Commission under
				  G.S.
				  143-295, an employee or agent of the named
				  governmental entity or agency is not required to attend the mediated settlement
				  conference. The Attorney General shall attempt to make an employee or agent of
				  the named governmental entity or agency in a State tort claim available via
				  telecommunication, and mediation shall not be delayed due to the absence or
				  unavailability of the employee or agent of the named governmental entity or
				  agency;
(6) the counsels of record.
				  Appearance by counsel does not dispense with or waive the required attendance
				  of the parties listed in Subparagraphs (1) through (5);
(7) a representative of each defendant's
				  primary workers' compensation or liability insurance carrier or self-insured
				  that may be obligated to pay all or part of any claim presented in the action.
				  Each carrier or self-insured shall be represented at the conference by an
				  officer, employee, or agent who is not the party's outside counsel and who has
				  the authority to decide on behalf of the carrier or self-insured whether and on
				  what terms to settle the action, or who has been authorized to negotiate on
				  behalf of the carrier or self-insured and can communicate during the conference
				  with persons who have the decision making authority.
(8) any employer or carrier who may be
				  obligated to pay all or part of any claim presented in the action and who is
				  not required to attend the mediated settlement conference pursuant to
				  Subparagraphs (1) through (7) of this Paragraph may attend the conference if
				  the employer or carrier elects to attend. If, during the conference, the
				  mediator determines that the attendance of one or more additional persons is
				  necessary to resolve the matters in dispute in the subject action, the mediator
				  may recess the conference and reconvene the conference at a later date and time
				  to allow the additional person or persons to attend.