Rule 12. Rules for Judicial Settlement Conferences

(a) Settlement Judge. A judicial settlement conference shall be conducted by a district court judge who is selected by the chief district court judge of the judicial district. Unless specifically approved by the chief district court judge, the settlement judge shall not be assigned to try the case in the event that the case proceeds to trial. (b) Conducting the Judicial Settlement Conference. The form and manner of conducting a judicial settlement conference shall be in the discretion of the settlement judge. The settlement judge may not impose a settlement on the parties, but will assist the parties in reaching a resolution of all claims. (c) Confidential Nature of the Judicial Settlement Conference. A judicial settlement conference shall be conducted in private. There shall be no stenographic or other recording of the conference. Persons other than the parties and their counsel may attend the conference only with the consent of all parties. The settlement judge shall not communicate with anyone regarding communications made during the conference, except that the settlement judge may report that a settlement was reached and, with the parties’ consent, the terms of the settlement. (d) Report of the Settlement Judge. Within ten days after the completion of the judicial settlement conference, the settlement judge shall file a written report with the court using a NCAOC form, stating when and where the conference was held, the names of those persons who attended the conference, and the name of any party or attorney known by the settlement judge to have been absent from the conference without permission. The report shall also inform the court whether an agreement was reached by the parties. If a partial agreement is reached at the conference, then the report shall state the issues that remain for trial. In the event of a full or partial agreement, the report shall also state the name of the person designated to file the consent judgment or voluntary dismissal with the court. Local rules shall not require the settlement judge to send a copy of any agreement reached by the parties to the court. History Note. 373 N.C. 708.