Current through Register Vol. 39, No. 6, September 16, 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withdrawn.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.
(c) Payment by Parties. Payment is due upon
completion of the mediated settlement conference; provided, that the State
shall be billed at the conference and shall pay within 30 days of receipt of
the bill, and insurance companies or carriers whose written procedures do not
provide for payment of the mediator at the conference shall pay within 15 days
of the conference. Unless otherwise agreed to by the parties or ordered by the
Dispute Resolution Coordinator due to a party or parties violating a rule in
this Subchapter, the costs of the conference shall be allocated to the parties,
as follows:
(1) one share by
plaintiff(s);
(2) one share by the
workers' compensation defendant-employer or its insurer, or if more than one
employer or carrier is involved, or if there is a dispute between employer(s)
or carrier(s), one share by each separately represented entity;
(3) one share by participating third-party
tort defendants or their carrier, or if there are conflicting interests among
them, one share from each defendant or group of defendants having shared
interests; and
(4) if applicable,
one share by the defendant State agency in a Tort Claims Act case.
Parties obligated to pay a share of the costs are
responsible for equal shares; provided, however, that in workers' compensation
claims the defendant shall pay the plaintiff's share of mediation,
postponement, and substitution fees, as well as defendant's own share. If
plaintiff requests postponement of the mediated settlement conference,
defendants shall be entitled to a credit for the postponement fee.
(d) Unless the Dispute
Resolution Coordinator enters an order allocating such fees to a particular
party due to the party violating a Rule in this Subchapter, the fees may be
taxed as other costs by the Commission in an Order or Opinion and Award. After
the case is concluded, the defendant shall be reimbursed for the plaintiff's
share of such fees from any compensation determined to be due to the plaintiff,
and the defendant may withhold funds from any award for this purpose.
Authority
G.S.
97-80(a);
97-80(c);
143-296;
143-300; Rule 7 of Rules for
Mediated Settlement Conference 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;
Recodified from
04 NCAC
10G .0107 Eff. June 1,
2018.
