26 NCAC 03 .0107             SETTLEMENT CONFERENCE

(a)  A settlement conference is for the primary purpose of assisting the parties in resolving disputes and for the secondary purpose of narrowing the issues and preparing for hearing.

(b)  A settlement conference shall be held at the request of any party, the administrative law judge, or the Chief Administrative Law Judge.  Upon receipt of the request, the Chief Administrative Law Judge shall assign the case to another administrative law judge for the purpose of conducting a settlement conference.  Unless both parties and the administrative law judge agree, a unilateral request for a settlement conference shall not constitute good cause for a continuance.  The conference shall be conducted at a time and place agreeable to all parties and the administrative law judge.  It shall be conducted by telephone if any party would be required to travel more than 50 miles to attend, unless that party agrees to travel to the location set for the conference.  If a telephone conference is scheduled, the parties must be available by telephone at the time of the conference.

(c)  All parties shall attend or be represented at a settlement conference under the same requirements as provided for in a mediation settlement conference under Rule .0204(a) of this Chapter.  Parties or their representatives shall be prepared to participate in settlement discussions.

(d)  The parties shall discuss the possibility of settlement before a settlement conference if they believe that a reasonable basis for settlement exists.

(e)  At the settlement conference, the parties shall be prepared to provide information and to discuss all matters required in Rule .0104 of this Section.

(f)  If, following a settlement conference, a settlement has not been reached but the parties have reached an agreement on any facts or other issues, the administrative law judge presiding over the settlement conference shall issue an order confirming and approving, if necessary, those matters agreed upon.  The order is binding on the administrative law judge who is assigned to hear the case.


History Note:        Authority G.S. 7A-751(a); 150B-22; 150B‑31(b);

Eff. August 1, 1986;

Amended Eff. April 1, 2001; February 1, 1994; November 1, 1987; September 1, 1986;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016.