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 .0107 - 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 Commission Order. When the mediator is
				  appointed by the Commission, the mediator's compensation shall be as follows:
(1) Conference Fees. The mediator shall be
				  paid by the parties at the rate of one hundred fifty dollars ($150.00) per hour
				  for mediation services provided at the mediated settlement
				  conference.
(2) Administrative
				  Fees. The parties shall pay to the mediator a one time, per case administrative
				  fee of one hundred fifty dollars ($150.00). The mediator's administrative fee
				  shall be paid in full unless, within 10 days after the mediator has been
				  appointed, written notice is given to the mediator and to the Dispute
				  Resolution Coordinator that the issues for which a request for hearing was
				  filed have been fully resolved or that the hearing request has been
				  withdrawn.
(3) Postponement Fees.
				  As used in this Subchapter, the term "postpone" means to reschedule or
				  otherwise not proceed with a scheduled mediated settlement conference after the
				  conference has been scheduled to convene on a specific date. After a conference
				  is scheduled to convene on a specific date, the conference may not be postponed
				  unless the requesting party notifies all other parties of the grounds for the
				  requested postponement and obtains the consent and approval of the mediator or
				  the Dispute Resolution Coordinator. If the conference is postponed without good
				  cause, the mediator shall be paid a postponement fee. The postponement fee
				  shall be three hundred dollars ($300.00) if the conference is postponed within
				  seven calendar days of the scheduled date, and one hundred fifty dollars
				  ($150.00) if the conference is postponed more than seven calendar days prior to
				  the scheduled date. Unless otherwise ordered by the Commission in the interests
				  of justice, postponement fees shall be allocated in equal shares to the party
				  or parties requesting the postponement. As used in this Rule, "good cause"
				  shall mean that the reason for the postponement involves a situation over which
				  the party seeking the postponement has no control, including a party or
				  attorney's illness, a death in a party or attorney's family, a demand by a
				  judge that a party or attorney for a party appear in court, or inclement
				  weather such that travel is prohibitive.
(4) The settlement of a case prior to the
				  scheduled date of the mediated settlement conference shall be good cause to
				  cancel the mediation without the approval of the mediator or the Dispute
				  Resolution Coordinator. The parties shall notify the mediator of any
				  cancellation due to settlement. The mediator may charge a cancellation fee of
				  one hundred fifty dollars ($150.00) if notified of the cancellation within 14
				  days of the scheduled date, or three hundred dollars ($300.00) if notified
				  within seven days of the scheduled date.