Plaintiff's Memorandum of Points and Authorities

DESIGNATION OF MEDIATOR IN FAMILY FINANCIAL CASE

STATE OF NORTH CAROLINA

County:     File No.:

In The General Court Of Justice
District Court Division

Name Of Plaintiff:     Name Of Defendant:

Telephone No.:     Telephone No.:     Deadline For Completion Of Settlement Procedure:

Fax No. (If Applicable):     Fax No. (If Applicable):     Tentative Trial Date:

Plaintiff’s Attorney’s Email Address (Or Pro Se Plaintiff’s Email Address):

Defendant’s Attorney’s Email Address (Or Pro Se Defendant’s Email Address):

Name And Address Of Plaintiff’s Attorney (Or Pro Se Plaintiff):

Name And Address Of Defendant’s Attorney (Or Pro Se Defendant):

DESIGNATION OF MEDIATOR
IN FAMILY FINANCIAL CASE

NOTICE: Check and complete only one of the three Sections below, sign on the reverse, file with the Court, and distribute copies as noted below. G.S. 7A-38.4A; Rule 2 of the Rules Implementing Settlement Procedures in Equitable Distribution and Other Family Financial Cases.

SECTION 1 - NOTICE OF DESIGNATION OF CERTIFIED MEDIATOR BY AGREEMENT

The parties have selected the mediator named below who has agreed to serve in this case and is certified pursuant to the Rules Implementing Settlement Procedures in Equitable Distribution and Other Family Financial Cases.

The parties and the mediator have agreed upon the mediator’s rate of compensation as follows:

Name And Address Of Certified Mediator:

Telephone No.:     Fax No.:

Mediator’s Email Address:

SECTION 2 - NOMINATION OF NON-CERTIFIED MEDIATOR

The parties nominate the non-certified mediator named below to conduct the mediated settlement conference. The mediator named below has agreed to serve.

Name And Address Of Non-Certified Mediator:

Telephone No.:     Fax No.:

Mediator’s Email Address:

The parties petition the Court to approve the nomination and represent that the mediator is qualified to mediate this case by virtue of the following training, experience or other qualifications:

SECTION 3 - MOTION FOR COURT APPOINTMENT OF MEDIATOR

After a full and frank discussion, the parties have been unable to agree upon the selection of a mediator.

Pursuant to Rule 2.B of the Rules of Implementing Settlement Procedures in Family Financial Cases, the parties move the Court to appoint a certified mediator to conduct the mediated settlement conference.

The nomination of the non-certified mediator named in Section 2 above is approved disapproved

Name Of Certified Mediator:

Telephone No.:     Fax No.:

Mediator’s Email Address:

SIGNATURE

ORDER OF APPOINTMENT

1. The nomination of the non-certified mediator named in Section 2 above is approved and the mediator is authorized to conduct the mediated settlement conference.

disapproved.

Name And Address Of Certified Mediator:

Telephone No.:     Fax No.:

Mediator’s Email Address:

TENTATIVE CALENDARING NOTICE

[This section is optional, to be used at the discretion of the judge; however, mediated settlement shall not delay other proceedings, including trial (Rule 3.E.)]

Parties are notified of the following tentative calendaring schedule adopted by the Court. Final calendar notices will be provided through a published calendar, should settlement not be reached.

Tentative Date For Hearing Of Motions:

CERTIFICATE OF SERVICE

The undersigned hereby certifies that on this date a copy of the foregoing Designation of Mediator in the matter before the district court was served on the above-selected mediator and the parties at the addresses below by placing a copy of the same in the United States Mail, postage prepaid.

Mediator:

Party Or Attorney:

Party Or Attorney:

Party Or Attorney:

Party Or Attorney:

Party Or Attorney:

Party Or Attorney:

Date:     Name Of Party (Type Or Print):     Signature Of Party Or Party’s Attorney:

NOTE TO MEDIATOR: The mediator shall be responsible for reserving a place and making arrangements for the conference and giving timely notice to all attorneys and unrepresented parties of the time and location of the conference. The mediated settlement conference shall be completed by the completion deadline set forth on Side One, and the mediator shall report the results of the conference to the court within ten (10) days after the conference is completed or within ten (10) days of being advised by a party that the case settled or was otherwise disposed of prior to the mediation.