In an effort to streamline the resolution of disputes and reduce the need for lengthy court proceedings, the North Carolina Industrial Commission (NCIC) employs the IC Form MSC3, a pivotal document designed to facilitate mediated settlement conferences. This form operates under the comprehensive rules established for mediated settlement conferences, as detailed by the NC General Statutes 97-80(c) alongside the specific procedural outlines from the North Carolina Industrial Commission's mediated settlement conference rules. Central to its function, the form embodies an order requiring the participation of both disputing parties and their legal representatives in a mediated dialogue intended to foster a mutually agreeable resolution. The meticulous structure of the form includes essential information such as case identification, the involved parties' contact information, and directives regarding the selection and compensation of a mediator. A mediator, who can be chosen by the parties or appointed by the commission if an agreement cannot be reached within a specified timeframe, plays a crucial role in navigating the dispute towards an amicable settlement. Additionally, it mandates the exchange of pertinent medical, rehabilitation, and other material evidence ahead of the mediation to ensure a fully informed discourse. The establishment of deadlines for the mediation's completion and procedures in the event of non-agreement reinforce the form’s intent to provide an efficient alternative to conventional court proceedings. This structured approach not only aims to expedite the settlement process but also reflects a broader commitment to the principles of fairness, accessibility, and the judicious use of judicial resources.
| Question | Answer |
|---|---|
| Form Name | Ic Form Msc3 |
| Form Length | 2 pages |
| Fillable? | No |
| Fillable fields | 0 |
| Avg. time to fill out | 30 sec |
| Other names | formmsc3 nc industrial commission msc3 fillable form |
IC Form MSC3 (rev. 4/11)
THIS FORM IS TO BE USED UNDER THE RULES FOR MEDIATED SETTLEMENT CONFERENCES OF THE
NORTH CAROLINA INDUSTRIAL COMMISSION
Attn: Dispute Resolution Coordinator |
I. C. File No. _____________________ |
NC Industrial Commission |
Emp. Code No. ___________________ |
Mediation Section |
Carrier Code No. __________________ |
4342 Mail Service Center |
Carrier File No. ___________________ |
Raleigh, NC 27699‐4342 |
|
_______________________________ |
ORDER FOR |
Plaintiff |
MEDIATED SETTLEMENT |
v. |
CONFERENCE |
_______________________________
Defendant
_______________________________
Carrier
|
Appearances |
________________________________ |
_________________________________________ |
Name of Plaintiff or Plaintiff's Attorney |
Telephone number of Plaintiff or Plaintiff's Attorney |
______________________________________________________________________________
Address of Plaintiff or Plaintiff's Attorney
________________________________ |
__________________________________________ |
Name of Defendant or Defendant's Attorney |
Telephone number of Defendant or Defendant's Attorney |
______________________________________________________________________________
Address of Defendant or Defendant’s Attorney
IT IS ORDERED that the parties in the above captioned case and their attorneys participate in a mediated settlement conference pursuant to NC General Statutes 97- 80(c) and the Rules for Mediated Settlement Conferences of the North Carolina Industrial Commission (ICMSC Rules).
The conference shall be completed by ________________, _______ (within 120 days of
mediation order).
The parties have 21 days from the date of this Order to select by agreement a mediator or to designate by agreement the Commission's list from which the parties desire that the Commission select a mediator. Within 21 days of the date of this Order, the
Defendant or the Defendant's counsel shall file a stipulation as to the mediator or notice of the parties’ failure to agree on a mediator on IC Form MSC 4. See ICMSC Rule 2.
The parties and a mediator selected by agreement shall agree upon the mediator's rate of compensation. A mediator appointed by the Commission will be compensated at the rate of $150 per hour for time spent in the mediated settlement conference, to be billed in quarter hour segments, in addition to a $150 administrative fee, in accordance with ICMSC Rule 7.
All parties, their attorneys and individuals with authority to settle the claim shall attend, as set forth in ICMSC Rule 4(a).
The parties shall exchange all medical and rehabilitation records available to the parties related to the injury in question and any recorded statements, expert opinions, reports and other documents, tapes and photographs that are relevant or material to the issues in controversy at least 15 days prior to mediation.
This case will be set for hearing on the next available calendar to be heard in due course unless sooner settled by mediation.
HEREBY ENTERED AND ORDERED, this ___ day of ________, _______.
NORTH CAROLINA INDUSTRIAL COMMISSION
By: __________________________________
Commissioner/Deputy Commissioner/Dispute Resolution Coordinator