PRE-SUIT MEDIATED SETTLEMENT CONFERENCE AGREEMENT The undersigned parties, in person and/or by counsel, agree to mediate their dispute, prior to the filing of litigation, pursuant to the following terms: 1. _______________________ will serve as the mediator and will be compensated at the total hourly rate of $_____________. Each party r iessponsible for paying one-half of the mediators fees and expenses unless otherwise agreed by the parties prior to or during mediation. 2. The mediation will be conductedacco in rdance with the Pre-Suit Mediated Settlement Conference Rules designated as Exhibit A of the Rules for Alternative Dispute Resolution Proceedings in the Superior Courts of the 26th Judicial District. 3. The mediator does not represent either side and does not offer and will not give legal advice or legal counsel. 4. The mediator shall have immunity in the same manner and to the same extenudge it as an j the State of North Carolina. Any attempt to challenge this immunity in anceediy prong shall entitle the mediator to a judgment against the party raising such challenge for the amount of reasonable attorney fees and court costs and other direct and indirect costs incurred by the mediator as a result of such challenge. 5. Information relating to or disclosed during the Pre-Suit Mediated Settlement Conference shall be governed by Rule 408 of the North Carolina Rules of Evidence. 6. The parties, their counsel, and the mediator agree that each has a privilege to refuse to testify and to prevent the other from testifying about any communications made during mediation. 7. The mediator will report to the Trial Court Administrators Office that a Pre-Suit Mediated Settlement Conference was held and that it did or did not result in a settlement, without further comment or recommendation. 8. If the Pre-Suit Mediated Settlement Conference does not result in settlement, the parties, upon the filing of a law suit, are still subject to all the requirements found within the Rules for Alternative Dispute Resolution Proceedings in the Superior Courts of the 26th Judicial District. 9. Either part may terminate the mediation at any time by letter to the mediator with a copy being sent to the other party. 10. The mediator may terminate the mediation at any time because of an impasse or if for any reason the mediator deems it improper or unproductive to continue. The mediator will not be required to disclose the reason for terminating the mediation but may do so, to the parties and their attorneys only, at the mediators sole discretion. Form CCF-46 <<<<<<<<<********>>>>>>>>>>>>> 211. The parties shall mediate in good faith but are not required to reach an agreement. _____________________________ _____________________________ Party P arty _____________________________ _____________________________ Attorney A ttorney _____________________________ M ediator Form CCF-46
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