Civil litigation
Superior Court Mediated Settlement Conferences in North Carolina
Which cases must mediate, how mediators are selected, who must attend, how to prepare a civil case, and what happens at impasse.
Mediation is built into superior court practice
North Carolina requires mediated settlement conferences in superior court civil actions, with narrow exceptions such as petitions for extraordinary writs and appeals from driver’s license revocations. If you have filed or been sued in superior court over a contract, a construction defect, a business dispute, professional negligence, or a serious injury claim, you should expect to attend a mediated settlement conference before the case is tried.
Selecting the mediator
The parties may agree on a mediator certified by the North Carolina Dispute Resolution Commission. If they do not select one within the time the rules allow, the senior resident superior court judge appoints a certified mediator. Selecting your own mediator is usually better: you can choose someone whose background fits the subject matter, agree on the fee, and control the calendar. The parties may also ask the court to approve a different settlement procedure, such as neutral evaluation or arbitration.
Who must attend
The parties, their attorneys, and a representative of any insurance carrier involved are generally required to attend, unless attendance is excused or modified by agreement of all parties and the mediator or by court order. The point of the rule is simple: the people who can actually say yes need to be in the building. If a corporate representative or adjuster must appear remotely, arrange it in advance rather than announcing it at the session.
Preparing a civil case for mediation
- Send a short confidential statement. Two to five pages on liability, damages, insurance, and obstacles is worth more to the mediator than a hundred pages of exhibits.
- Exchange key documents first. The contract, the invoices, the repair estimates, the medical summary. Settlements stall when one side sees a critical document for the first time at the table.
- Quantify damages. Bring a damages model with assumptions written down, not a number from memory.
- Identify liens and third parties. Health insurers, Medicare or Medicaid, workers’ compensation carriers, and lenders can all affect what a plaintiff can accept.
- Know the cost of trial. Expert fees, depositions, trial preparation, and the value of the time your client will spend.
How the day runs
Most conferences begin with a short joint session, then move to caucus. The mediator carries offers, tests assumptions, and helps each side evaluate risk. Nothing said is admissible later, with limited exceptions. If the case settles, a memorandum of settlement is signed before anyone leaves, which prevents the deal from unraveling on the drive home. If it does not settle, the mediator declares an impasse and reports the outcome to the court, and the case proceeds. Even then, many cases settle within weeks, because mediation gives both sides information they did not have.
Fees
When the parties choose their own mediator, the fee is set by agreement and normally shared. When the court appoints a mediator, compensation is governed by court rule. Parties who cannot afford the fee may ask the court for relief.
Talk with a mediator about your situation
Mediation Solutions helps families, businesses, and litigants in Huntersville, Charlotte, Locust, Albemarle, Rock Hill, and Fort Mill resolve disputes privately. Call or text to ask about scheduling, fees, and whether mediation fits your case.
Offices: 9620 Sherrill Estates Road, Huntersville, NC 28078 · 217 W. Main Street, Locust, NC 28097 · Virtual sessions available.
Frequently asked questions
Is mediation required before trial in NC superior court?
In most civil actions, yes. A mediated settlement conference is ordered, with limited exceptions.
Does the insurance company have to attend?
A representative of any involved carrier is generally required to attend unless excused or modified by agreement or court order.
What happens if we do not settle?
The mediator reports an impasse and the case proceeds. Many cases still settle soon after, using information developed at the conference.
Can we use arbitration or neutral evaluation instead?
The rules permit other settlement procedures with court approval.
This article provides general information about mediation in North Carolina and South Carolina. It is not legal advice, and reading it does not create an attorney–client relationship. As a mediator, Christopher Adkins serves as a neutral and does not represent or advise either party. Statutes and court rules change, so consult a licensed attorney about your specific situation.