target, population, eligibility

Rule 1.B.(1) of the Rules of the North Carolina Supreme Court Implementing Statewide Mediated Settlement Conferences in Superior Court Civil Actions provides that a senior resident Superior Court judge may, by written order, require parties, their attorneys, and, a representative of any insurance carrier involved in the litigation, to attend a pre-trial mediated settlement conference in any civil action except an action in which a party is seeking the issuance of an extraordinary writ or is appealing the revocation of a motor vehicle operator’s license. The program is operating in all N.C. Superior Court districts and most senior resident Superior Court judges routinely refer all eligible cases. Common types of cases mediated include automobile negligence actions, contract actions, other business disputes, malpractice cases, and construction defect cases. A party who believes there is some compelling reason why his or her case should not be mediated may ask the court to dispense with mediation. However, most senior resident Superior Court judges are reluctant to grant such requests. Once a case is ordered to mediation, the parties, their attorneys, and a representative of any insurance carrier involved must attend, unless the attendance requirement has been excused or modified by agreement of all the parties and the mediator or by order of the judge.