| 113th Year, 15th Issue | Thursday, November 22, 2001 | Sparta, North Carolina |
A judge has ordered parties in the Barbara Halsey versus Alleghany County Board of Education lawsuit to hold a mediated settlement conference, according to documents on file at the Alleghany County Courthouse. Senior Resident Superior Court Judge Michael E. Helms issued the order Oct. 30, and it was filed Nov. 8. The order sets April 30, 2002 as the deadline for completion of the conference.
Attorneys for both sides indicated that such an order is standard procedure. "This is the way it works in North Carolina," said Jonathan A. Blumberg of Raleigh, lead attorney for the board in the case. "Any superior court action in North Carolina is subject to mandatory mediation....It's a legal requirement the court has imposed.....
"This is not in any way signaling that we want a settlement or think a settlement is appropriate in this case," Blumberg added. "We believe that we will prevail in this case."
No mediator has yet been chosen as of presstime Tuesday. If the parties cannot select a mediator by agreement, the court will appoint one. The plaintiff or plaintiff's attorney is required to notify the court of the selection or nomination of a mediator, or the failure to agree on a mediator, within 21 days of the order.
According to the order, a court-appointed mediator is compensated at $125 per hour, while a mediator selected by agreement is paid at the rate agreed on between the mediator and the parties. Halsey's attorney, John W. Gresham of Charlotte, said it is preferable to agree on a mediator.
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