7A-38.3A. Prelitigation mediation of insurance claims.
(a) Initiation of Mediation. - Prelitigation mediation of an insurance claim may be initiated by an insurer that has provided the policy limits in accordance with G.S. 58-3-33 by filing a request for mediation with the clerk of superior court in a county in which the action may be brought. The insurer also shall mail a copy of the request by certified mail, return receipt requested, to the person who requested the information under G.S. 58-3-33.
(b) Costs of Mediation. - Costs of mediation, including the mediator's fees, shall be borne by the insurer and claimant equally. When an attorney represents a party to the mediation, that party shall pay his or her attorneys' fees.
(c) Mediation Procedure. - Except as otherwise expressly provided in this section, mediation under this section shall be conducted in accordance with the provisions for mediated settlement of civil cases in G.S. 7A-38.1 and G.S. 7A-38.2, and rules and standards adopted pursuant to those sections. The Supreme Court may adopt additional rules and standards to implement this section, including an exemption from the provisions of G.S. 7A-38.1 for cases in which mediation was attempted under this section.
(d) Certification That Mediation Concluded. - Upon the conclusion of mediation, the mediator shall prepare a certification stating the date on which the mediation was concluded and the general results of the mediation, including, as applicable, that an agreement was reached, that mediation was attempted but an agreement was not reached, or that one or more parties, to be specified in the certification, failed or refused without good cause to attend one or more mediation meetings or otherwise participate in the mediation. The mediator shall file the original of the certification with the clerk and provide a copy to each party. Each party to the mediation has satisfied the requirements of this section upon the filing of the certification, except any party specified in the certification as having failed or refused to attend one or more mediation meetings or otherwise participate. The sanctions in G.S. 7A-38.1(g) do not apply to prelitigation mediation conducted under this section.
(e) Time Periods Tolled. - Time periods relating to the filing of a claim or the taking of other action with respect to an insurance claim, including any applicable statutes of limitations, shall be tolled upon the filing of a request for mediation under this section, until 30 days after the date on which the mediation is concluded as set forth in the mediator's certification or, if the mediator fails to set forth such date, until 30 days after the filing of the certification under subsection (d) of this section.
(f) Medical Malpractice Claims Excluded. - This section does not apply to claims seeking recovery for medical malpractice. (2003-307, s. 2.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 7A - Judicial Department
§ 7A-25 - Original jurisdiction of the Supreme Court.
§ 7A-26 - Appellate jurisdiction of the Supreme Court and the Court of Appeals.
§ 7A-27 - Appeals of right from the courts of the trial divisions.
§ 7A-29 - Appeals of right from certain administrative agencies.
§ 7A-30 - Appeals of right from certain decisions of the Court of Appeals.
§ 7A-31 - Discretionary review by the Supreme Court.
§ 7A-31.1 - Discretionary Review by the Court of Appeals.
§ 7A-32 - Power of Supreme Court and Court of Appeals to issue remedial writs.
§ 7A-33 - Supreme Court to prescribe appellate division rules of practice and procedure.
§ 7A-34 - Rules of practice and procedure in trial courts.
§ 7A-37.1 - Statewide court-ordered, nonbinding arbitration in certain civil actions.
§ 7A-38.1 - Mediated settlement conferences in superior court civil actions.
§ 7A-38.2 - Regulation of mediators and other neutrals.
§ 7A-38.3 - Prelitigation mediation of farm nuisance disputes.
§ 7A-38.3A - Prelitigation mediation of insurance claims.
§ 7A-38.3B - Mediation in matters within the jurisdiction of the clerk of superior court.
§ 7A-38.3D - Mediation in matters within the jurisdiction of the district criminal courts.
§ 7A-38.3E - Mediation of public records disputes.
§ 7A-38.3F - Prelitigation mediation of condominium and homeowners association disputes.
§ 7A-38.4A - Settlement procedures in district court actions.
§ 7A-38.5 - Community mediation centers.
§ 7A-38.7 - Dispute resolution fee for cases referred to mediation.