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If the Claimant does not appear, the Judge may make an Order dismissing the claim. Orders made because the other party does not attend the Settlement Conference sometimes may be set aside if the party who did not attend brings an application to cancel the Order.
A judicial settlement conference is an informal process in which a retired circuit court judge, trained in mediation and settlement conference skills, actively facilitates a process whereby parties in conflict may reach a mutually satisfactory resolution.
(5) Motion to Dispense with Mediation. A named party, interested person, or fiduciary may move the clerk to dispense with a mediation ordered by the clerk. The motion shall state the reasons that relief is sought and shall be served on all persons ordered to attend the mediation and the mediator.
In some types of cases, North Carolina law requires that the litigants to engage in mediation before a lawsuit is filed. Those types of cases include farm nuisance disputes, some insurance claims, public records disputes, and condominium and homeowners' association disputes.
A settlement conference is a dispute resolution mechanism, similar to mediation, that allows the parties to resolve their dispute in an informal setting without going through a trial, thereby saving time and money.