Alabama > Appellate > Appellate Mediation Program
Order Of Referral To Mediation 5 - Alabama
| Order Of Referral To Mediation Form. This is a Alabama form and can be used in Appellate Mediation Program Appellate . |
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(Form 5) IN THE SUPREME COURT OF ALABAMA or ALABAMA COURT OF CIVIL APPEALSCase Number: Style: ORDER OF REFERRAL TO MEDIATION The foregoing case, having been reviewed by the appellate mediation administrator, ishereby referred to appellate mediation. ORDERED: 1. The above-styled case is referred to mediation. Within 14 days from the date of this order, the appellant shall advise the mediation office of the mediator chosen, using the enclosed Report on Status of Selection of Mediator form. The parties may agree on a mediator from the enclosed list of court-approved mediators to mediate this case, or they may agree on a mediator not on the list so long as that individual meets the qualifications set out in Rule 4 (a) (2) of the Alabama Appellate Mediation Rules. The parties are required to contact the mediator before returning the Report on Status of Selection of Mediator form to determine if the mediator they have agreed upon can serve. Upon receipt of the Report on Status of Selection of Mediator form, the appellate mediation administrator will enter an order appointing that mediator for this case. If the parties are not able to agree on a mediator, the appellate mediation administrator will appoint a mediator for this case from the appellate court mediator roster. If a party believes that the payment of mediation fees will cause an undue financial hardship on that party, the enclosed form may be used to request a wavier of the mediation fees. The court may appoint a pro bono mediator for this case from the enclosed list. 2. The parties shall submit Mediation Statements if the mediator so requests. Parties with full settlement authority and counsel are required to attend mediation sessions. If a party refuses to attend a mediation session or sessions, unreasonably delays the scheduling of mediation, or otherwise unreasonably impedes the conduct of the appellate mediation program, and the case is returned to the appellate docket as a result of those actions, a court may impose sanctions including, but not limited to, assessing reasonable expenses caused by the failure, including an award of mediator and/or attorney fees; assessing all or a portion of the appellate costs; dismissal of the appeal; or such other appropriate action as the circumstances may warrant. 3. Each party shall appear at the mediation session or sessions. A party is deemed to appear at a mediation session if the following persons are physically present:<<<<<<<<<********>>>>>>>>>>>>> 2 A) The party or its representative having full authority to settle without further consultation; B) The partys counsel of record, if any; and C) A representative of the insurance carrier for any insured party who is not such carriers outside counsel and who has full authority to settle up to the amount of the plaintiffs last demand or policy limits, whichever is less, without further consultation. 4. Public entities shall be deemed to appear by the physical presence of a representative with full authority to negotiate and to recommend settlement to the public entity.5. All appellate mediation sessions shall be confidential as provided in Rule 7 of the Alabama Appellate Mediation Rules, and the mediation will be conducted in accordance with the Alabama Appellate Mediation Rules, the Alabama Code of Ethics for Mediators, and Rule 55, Alabama Rules of Appellate Procedure.6. The appellate process, including the times for preparing and transmitting the record and filing briefs in this case are stayed pending further order of this Court. 7. THE MEDIATION SHALL BE COMPLETED WITHIN 63 DAYS FROM THE DATE OF THIS ORDER. ____________________________________ Appellate mediation administrator ____________________________________ Datecc: Counsel Enclosures: Appellate Mediator Roster Report on Status of Selection of Mediator Motion for Waiver of Mediation Fees
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