Joint Request to Waive Mediated Settlement Conference

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01CASE INFORMATION

Case Name (Plaintiff v. Defendant) *

File No. *

County *

Type of Civil Case *

Trial Date (if scheduled)

02 PLAINTIFF'S COUNSEL PLAINTIFF

Attorney Name *

State Bar No. *

Firm / Office Name

Address *

Phone *

Email *

03 DEFENDANT'S COUNSEL DEFENDANT

Attorney Name *

State Bar No. *

Firm / Office Name

Address *

Phone *

Email *

04GROUNDS FOR WAIVER

Select All Grounds That Apply *

All parties are self-represented (pro se) and jointly agree that mediation is not necessary The parties have already engaged in good faith settlement discussions and further mediation is unlikely to result in resolution This case involves solely a question of law — no material facts are in dispute — making mediation futile This case is scheduled for trial within 30 days, making completion of mediation within the required timeframe impracticable Hardship — participation in mediation would impose an undue financial or logistical hardship on one or both parties (explain below) By mutual agreement of all parties and their counsel, mediation will not be productive in this case given the nature of the claims and the current status of the dispute

05PROPOSED ALTERNATIVE DISPUTE RESOLUTION

If Waiver Is Granted, How Will Parties Attempt to Resolve the Dispute?

Additional Details About Proposed ADR (optional)

06CERTIFICATION AND DATE

Date of Joint Request *

Submitted To (Clerk of Court / Judge)

By generating this document, both counsel certify that: (1) all parties agree to this waiver; (2) the grounds stated are true and accurate; (3) the waiver does not prevent voluntary settlement at any time; and (4) if the waiver is denied, the parties will select a mediator and schedule a mediated settlement conference within the court's deadline.

SELECTED COUNTY

— Select above —

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WHEN MEDIATION IS REQUIRED

Mandatory in most NC Superior Court civil cases (tort, contract, real property)
Does NOT apply to family law matters or criminal cases
Must be completed before trial unless waived by the judge
Mediator fee (~$250-400/hour per party) split equally unless otherwise agreed
Settlement reached at mediation is binding when signed by all parties
Mediation communications are confidential — cannot be used at trial

WHAT WAIVER REQUIRES

BOTH parties must agree and sign the joint request
Must show good cause for waiver
Judge must approve — waiver is not automatic
If waiver denied, parties must select mediator and schedule within court's deadline
Waiver does not prevent voluntary settlement at any time
File with the clerk in the county where the case is pending

STATUTORY REFERENCE

G.S. 7A-38.1Mediated settlement

N.C. Rules MSCStatewide MSC rules

Rule 4(a)(1)Waiver procedure

Rule 5Mediator selection

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