Commentary on the Revised N.C. Industrial Commission Rules Concerning Mediation and Neutral Evaluation

Adopted August 20, 1998

By John C. Schafer
Dispute Resolution Coordinator

The N.C. Industrial Commission mediation program continues to be very successful in resolving contested cases without the need for a formal hearing. The most recent statistics for the 1997-98 fiscal year indicate that in contested cases where a mediation conference was convened, 72.5% of the cases were resolved at the conference. Meanwhile, in order to improve the overall administration of the program, the Commission has adopted revised mediation rules which also provide for a neutral evaluation settlement procedure. The revised Rules For Mediated Settlement And Neutral Evaluation Conferences of the North Carolina Industrial Commission("ICMSC rules") were adopted by the Commission on August 20, 1998, and are effective as of that date. This article will highlight and briefly summarize the revisions that were made to the ICMSC rules. This Commentary has not been formally adopted, but it will hopefully be helpful.

Primary Purposes of Rule Revisions

Revisions to ICMSC Rules

Rule 1

Rule 2

Rule 3

Rule 4

Rule 5

Rule 6

Rule 7

Rule 8

Rule 9

Rule 10
(formerly Rule 9)
Waiver of Rules

Rule 11
(formerly Rule 10)
Motions

Rule 12
Miscellaneous

__________

Editor's note: John C. Schafer is the Dispute Resolution Coordinator for the N.C. Industrial Commission. He can be reached by e-mail atSCHAFERJ@ind.commerce.state.nc.us or by telephone at(919) 715-2791.


Return toN.C. Industrial Commission Home Page

Return toNCIC Alternate Home Page


N.C. Industrial Commission Dobbs Building 430 North Salisbury Street Raleigh, NC 27611
Main: (919) 733-4820    Fax: (919) 715-0282    BBS: (919) 715-5920
Internet Address: http://www.comp.state.nc.us/