Form 5 IN THE SUPREME COURT OF ALABAMA or ALABAMA COURT OF CIVIL APPEALS Case Number: Style: ORDER OF REFERRAL TO MEDIATION The foregoing case, having been reviewed by the appellate mediation administrator, is hereby 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. Please note that before a person can be accepted as an appellate mediator, he or she must submit a Mediator Application (Form 1) to the Appellate Mediation Office. It is the appellant's responsibility to obtain and submit a completed Mediator Application on all non-roster mediators to the Appellate Mediation Office. The Application and other forms can be found online at www.judicial.state.al.us/mediation. 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 party may file a motion for wavier of mediator's fees with the appellate mediation administrator. 2. When a mediator is contacted regarding mediation, the parties should begin scheduling for mediation time(s) that are within the 63 days of the date of this order as provided in Rule 3(d), Alabama Rules of Appellate Mediation. 3. 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, the court may impose sanctions including, but not limited to, assessing reasonable expenses caused by the failure, including an award of American LegalNet, Inc. www.USCourtForms.com 4. 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. 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: A) The party or its representative having full authority to settle without further consultation; B) The party’s counsel of record, if any; and C) A representative of the insurance carrier for any insured party who is not such carrier’s outside counsel and who has full authority to settle up to the amount of the plaintiff’s last demand or policy limits, whichever is less, without further consultation. 5. 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. 6. All appellate mediation sessions shall be confidential as provided in Rule 8 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. 7. 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. THE TIME FOR FILING ANY CROSS APPEAL OR RELATED APPEAL IS NOT STAYED. 8. THE MEDIATION SHALL BE COMPLETED WITHIN 63 DAYS FROM THE DATE OF THIS ORDER. ____________________________________ Appellate Mediation Administrator ____________________________________ Date cc: Counsel Mediator Enclosures: Appellate Mediation Roster Report on Status of Selection of Mediator American LegalNet, Inc. www.USCourtForms.com