I am not attorney nor expert in legal field but per my observation in e.DIGITAL vs digEcor lawsuit and recent dismissal of counterclaims by both parties i am very cofident they will reach settlement agreement before trial date. Please look at RULE 4 . Any comments appreciated.

RULE 4. DUTIES OF PARTIES, ATTORNEYS AND OTHER PARTICIPANTS IN MEDIATED SETTLEMENT CONFERENCES

• (1) If an agreement is reached at the conference, the parties shall reduce to writing the essential terms of the agreement.

• • a. If the parties conclude the conference with a written document containing all the terms of their agreement, signed by all parties and formally acknowledged as required by NCGS 50-20(d) for property distribution, the mediator shall report to the Court that the matter has been settled and include in the report the name and signature of the person responsible for filing closing documents with the Court.

• • b. If the parties are able to reach an agreement at the conference, but are unable to have it written or have it signed and acknowledged as required by NCGS 50-20(d) for property distribution agreements, then the parties shall summarize their understanding in written form and shall use it as a memorandum and guide to writing such agreements and orders as may be required to give legal effect to its terms. In that event, the mediator shall facilitate the writing of the summary memorandum and shall either:

• • • (i) report to the Court that the matter has been settled and include in the report the name and signature of the person responsible for filing closing documents with the Court; or, in the mediator’s discretion,

• • • (ii) declare a recess of the conference. If a recess is declared, the mediator may schedule another session of the conference if the mediator determines that it would assist the parties in finalizing a settlement.

(2) If the agreement is reached at the conference, the person(s) responsible for filing closing documents with the Court shall sign the mediator’s report to the Court. The parties shall file their consent judgment or voluntary dismissal with the Court within thirty (30) days or before expiration of the mediation deadline, whichever is longer.

(3) If an agreement is reached prior to the conference or finalized while the conference is in recess, the parties shall notify the mediator and file the consent judgment or voluntary dismissal(s) with the Court within thirty (30) days or before the expiration of the mediation deadline, whichever is longer. The mediator shall report to the Court that the matter has been settled and who reported the settlement.

(4) No settlement agreement resolving issues reached at the proceeding conducted under this section or during its recesses shall be enforceable unless it has been reduced to writing, signed by the parties, and acknowledged as required by NCGS 50-20(d).

1. PAYMENT OF MEDIATOR'S FEE. The parties shall pay the mediator's fee as provided by Rule 7.

DRC Comments to Rule 4.

DRC Comment to Rule 4.B.

N.C.G.S. § 7A-38.4A(j) provides that no settlement shall be enforceable unless it has been reduced to writing and signed by the parties. When a settlement is reached during a mediated settlement conference, the mediator shall be sure its terms are reduced to writing and signed by the parties and their attorneys before ending the conference.

Cases in which agreement on all issues has been reached should be disposed of as expeditiously as possible. This rule is intended to assure that the mediator and the parties move the case toward disposition while honoring the private nature of the mediation process and the mediator’s duty of confidentiality. If the parties wish to keep confidential the terms of their settlement, they may timely file with the Court closing documents which do not contain confidential terms, i.e., voluntary dismissal(s) or a consent judgment resolving all claims. Mediators will not be required by local rules to submit agreements to the Court.