Mediated Settlement Conference Program

Designed to offer parties, with the help of their attorneys and a mediator, an opportunity and the support they need to settle their cases.

About

The Mediated Settlement Conference Program is designed to offer parties, with the help of their attorneys and a mediator, an opportunity and the support they need to settle their cases earlier. During a mediated settlement conference, the parties, their attorneys, and a mediator are required to sit down together to discuss the matters in dispute and to try and resolve them. The conference will typically occur relatively early in the litigation process, but after parties have had time to conduct discovery and learn about the case.

Learn more about the program

Program 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.

Information for Parties without Attorneys If you will be participating in a mediation without an attorney, please be aware that, while the mediator will do his or her best to ensure a civil and full discussion of the issues, s/he cannot give legal advice to anyone participating in the conference.

Guide to Superior Court Mediation for Parties Unrepresented by Attorneys

Program Rules

The Rules Implementing Statewide Mediated Settlement Conferences in Superior Court Civil Actions (MSC Rules) were first adopted by the Supreme Court in 1991, pursuant to N.C. Gen. Stat. § 7A-38.1. The Rules provide a framework for expediting settlement of superior court civil actions. The MSC Rules revisions are effective April 1, 2014.

Forms

Forms for Mediated Settlement Conferences

Forms for Other Available Superior Court Dispute Resolution Procedures (Neutral Evaluation, Arbitration, Summary Jury Trial (Jury or Non-Jury)

More Information

Find a Mediator

When two parties can’t come to an agreement on a particular conflict, a mediator can help provide assistance.

Contact

Dispute Resolution Commission
PO Box 2448
Raleigh, NC 27602Telephone(919) 890-1415