Mediation decisions can involve more than one settlement number. Fault, medical causation, future care, liens, costs, payment timing, release language, confidentiality, dismissal terms, and unresolved claims may all affect whether a proposal addresses the actual dispute.

A mediation decision sheet should state each disputed issue, the supporting and contrary source, the current demand and offer, the net financial terms, every nonmonetary term, the decision authority, the deadline, and what remains unresolved.

Identify the mediation process before preparing the sheet

N.C. Gen. Stat. § 7A-38.1 addresses court-ordered mediated settlement conferences in superior court civil actions. It describes mediation as an informal process in which a neutral facilitates possible voluntary resolution rather than rendering a judgment, addresses attendance, and states that no participant must make an offer or demand contrary to that participant’s interests.

The North Carolina Judicial Branch’s Mediated Settlement Conference Program page links the current program rules and forms. The rules codified January 6, 2025 should be checked for the applicable case, attendance, authority, scheduling, fee, and reporting requirements. A voluntary pre-suit session can have a different procedural source.

Build an issue-by-issue evidence table

  • Issue: responsibility, causation, treatment, prior condition, future care, lost income, another loss, coverage, lien, cost, or procedure
  • Claimed position, supporting source, contrary source, missing source, disputed assumption, and person qualified to address the question
  • Whether the issue changes liability, damages, timing, collectability, net recovery, release scope, or another decision
  • Current status: agreed, partly agreed, disputed, deferred, unknown, or contingent on another term

Separate headline amount from net and nonmonetary terms

  • Gross amount, allocation when relevant, payment deadline, payor, check or transfer instructions, and consequence of delayed payment
  • Known and unresolved medical liens, benefit claims, subrogation interests, case expenses, fees, outstanding bills, and tax questions identified for qualified review
  • Claims and parties released, known and unknown claims, indemnity, confidentiality, non-disparagement, dismissal, costs, interest, and enforcement terms
  • Structured or periodic payment, minor or protected-party approval, estate authority, guardianship, bankruptcy, benefit, or other approval issue
  • Term confirmed in writing, still proposed, rejected, ambiguous, omitted, or dependent on later documentation

Record decision authority and attendance

For a court-ordered conference, identify each required participant, representative, carrier, person with settlement authority, approved remote arrangement, excuse, and supporting order or agreement. Record who may accept, reject, or change a term and whether another person or approval is required. Attendance does not require agreement.

Protect the boundary around settlement communications

North Carolina Rule of Evidence 408 addresses compromise offers and negotiations and states limits and exceptions. Section 7A-38.1 also addresses inadmissibility, discovery, mediator testimony, and the written-and-signed requirement for an enforceable settlement reached in the covered proceeding. Do not assume that every document mentioned at mediation becomes protected or that otherwise discoverable evidence changes status merely because it was discussed there.

Use a proposal log during the session

  • Time, speaker, proposal number, exact terms, conditions, expiration, response, counterproposal, and open item
  • Calculation sheet version, source figures, arithmetic check, lien or cost assumption, and person confirming each amount
  • Private working note kept distinct from a term communicated to another participant
  • Tentative agreement marked as tentative until the required written and signed record is complete
  • Impasse or partial agreement documented without treating either as an admission about the merits

The related guide to preparing for mediation in a North Carolina personal-injury case explains the broader process, attendance, preparation, confidentiality, settlement, and impasse framework. This page focuses on the decision sheet used to compare issues and exact terms.

Rosensteel Fleishman Car Accident & Injury Lawyers provides general information about North Carolina personal-injury matters involving mediation and disputed settlement terms. The applicable process, evidence, value, liens, release language, authority, and legal effect require case-specific review.

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