Alabama Rules of Appellate Mediation
Rule 7. Post-Settlement Dismissal Procedures
(a) Joint Stipulation for Dismissal of Case After Mediation (Form 11 to these Rules). If the parties reach an agreement as a result of the mediation, they may file a joint (or agreed) motion to dismiss the case pursuant to Rule 42, Alabama Rules of Appellate Procedure, in the clerk’s office of the appellate court in which the case is pending. A copy of the order to dismiss the case shall be served on the mediator. The motion to dismiss should address the following:
(1) Whether the dismissal pertains to all parties and claims on appeal;
(2) Whether the case should be remanded to the trial court for further proceedings in conformance with the parties’ settlement agreement; and
(3) Whether the parties are to bear their own costs or whether, pursuant to the parties’ agreement, the costs are to be otherwise apportioned.
(b) Termination of Mediation and Notice to Reinstate Appeal (Form 12 to these Rules). The mediator may terminate the mediation process at any time, if, in the opinion of the mediator, further attempts at mediation will serve no useful purpose.
(1) Once mediation has been terminated without the parties’ reaching an agreement, the appeal will be reinstated on the appellate docket and the stay of proceedings lifted to reinstate the appeal and the clerk of the appellate court shall send the Notice to Reinstate Appeal (Form 12 to these Rules) to the parties.
(2) ALL APPELLATE TIME REQUIREMENTS SHALL RESUME. The appellant shall make satisfactory arrangements with trial court clerk and court reporter for preparation of the record on appeal within seven days of the date of the Notice to Reinstate Appeal.
[Adopted effective January 1, 2004; amended effective January 6, 2004.]
Note from the reporter of decisions: The order adopting the Alabama Appellate Mediation Rules, effective January 1, 2004, is published in that volume of the Alabama Reporter that contains Alabama cases from 858 So.2d.
Note from the reporter of decisions: The order amending the Alabama Rules of Appellate Mediation, effective January 6, 2004, is published in that volume of the Alabama Reporter that contains Alabama cases from 862 So.2d.