Rule 3. The Mediated Settlement Conference

(a) Where the Mediated Settlement Conference Is to Be Held. The mediated settlement conference shall be held in any location agreeable to the parties and the mediator. If the parties cannot agree to a location, then the mediator shall be responsible for reserving a neutral location in the county where the case is pending, for making arrangements for the conference, and for giving timely notice of the time and location of the conference to all attorneys, pro se parties, and other persons required to attend. (b) When the Mediated Settlement Conference Is to Be Held. As a guiding principle, the mediated settlement conference should be held after the parties have had a reasonable time to conduct discovery, but well in advance of the trial date. The mediator is authorized to assist the parties in establishing a discovery schedule and completing discovery. The court’s order issued under Rule 1(c)(1) shall state a deadline for completion of the conference which shall not be more than 150 days after issuance of the court’s order, unless extended by the court. The mediator shall set a date and time for the conference under Rule 6(b)(5). (c) Extending Deadline for Completion. The court may extend the deadline for completion of the mediated settlement conference upon the court’s own motion, on stipulation of the parties, or on suggestion of the mediator. (d) Recesses. The mediator may recess the mediated settlement conference at any time and may set times for reconvening. If the time for reconvening is set during the conference, then no further notification is required for persons present at the conference. (e) The Mediated Settlement Conference Is Not to Delay Other Proceedings. The mediated settlement conference shall not be the cause for the delay of other proceedings in the case, including the completion of discovery, the filing or hearing of motions, or the trial of the case, except by order of the court. History Note. 373 N.C. 708.