SECTION .0200 – SELECTION OF MEDIATOR
01 ncac 30H .0201 Selection of Mediator
(a) The parties may select a mediator certified pursuant to
Paragraph (b) of this Rule. The requesting party shall file with the State
Construction Office (hereinafter collectively referred to as the
"SCO") if a State project or public owner, if a non-State project, a
Notice of Selection of Mediator by Agreement within 10 days of the request;
however, any party may file the notice. Such notice shall state the name, address
and telephone number of the mediator selected; state the rate of compensation
of the mediator; state that the mediator and opposing counsel have agreed upon
the selection and rate of compensation; and state that the mediator is
certified pursuant to these Rules.
(b) All mediators in the Formal Dispute Resolution Program
shall be certified in accordance with the rules certifying mediators in
Superior Court in North Carolina except when otherwise allowed by the SCO or
public owner upon the request of the parties to the mediation. When selecting
mediators, the parties may designate a preference for mediators with a
background in construction law or public construction contracting. Such
preferences are not mandatory under these Rules.
(c) The parties may select a mediator who does not meet the
certification requirements of these Rules. However, all mediators gain the
consent of the SCO or public owner in accordance with these Rules to mediate
any dispute.
(d) If the parties cannot agree upon the selection of a
mediator, the party or party's attorney shall so notify the SCO or public owner
and request, on behalf of the parties, that the SCO or public owner appoint a
mediator. The request for appointment shall state that the parties have had a
full and frank discussion concerning the selection of a mediator and have been
unable to agree. The request shall state whether any party prefers a certified
attorney mediator, and if so, the SCO or public owner shall appoint a certified
attorney mediator. If no preference is expressed, the SCO or public owner may
appoint a certified attorney mediator or a certified non-attorney mediator.
History Note: Authority G.S. 143-135.26(10) and (11);
S.L. 2001-496, Sec. 14(b);
Temporary Adoption Eff. July 1, 2002;
Eff. August 1, 2004.