What is a Mediated Settlement Conference?
A mediated settlement conference (“MSC”) is a specialized form of mediation used in some contested cases pending before SOAH. A properly trained ALJ is assigned to serve as mediator. If the case is not resolved through mediation and eventually goes on to a contested case hearing, a different ALJ presides over the case. The mediator ALJ does not have authority to extend deadlines or issue any orders in the contested case. The mediator ALJ will submit a written report to the presiding ALJ advising whether the mediation resulted in any agreements, but the mediator ALJ will not discuss the mediation with the presiding ALJ. Further information about mediated settlement conferences may be found in SOAH’s Rules, 1 TEX. ADMIN. CODE §155.37, and the Guidelines for Mediated Settlement Conferences, available on SOAH’s web site. (return to top of page) 8. What is arbitration? Arbitration is a form of ADR, governed by an agreement between the parties or special rules or statutes providing for the p
• A Mediated Settlement Conference is a type of dispute resolution conducted by a neutral person, known as a mediator, who acts to encourage and facilitate a resolution to the case. If your case is sent to mediation, you and the other party must agree on a mediator. A list of mediators to assist you with this decision is available by clicking here or by contacting the Office of Administrative Hearings’ Chief Paralegal. If the parties are unable to agree on a mediator, the presiding Administrative Law Judge will choose one for you. The parties are required to pay the cost of the mediated settlement conference. See, North Carolina Administrative Code, Title 26, Rule 03.207.
