"Re: [Appeal number and style]. This confirms that to facilitate settlement the appellate mediation administrator has granted my request to extend the time to mediate this appeal from the current due date of [date] to the new due date of [date]." |
As to a governmental or other entity for which settlement decisions must be made collectively, the availability or presence requirement may be satisfied by a representative authorized to negotiate on behalf of that entity and to make recommendations to it concerning settlement.
The failure of a party, and/or the party's counsel, to attend the mediation session may be grounds for sanctions against the party, the party's counsel, or both, to be imposed by the appellate court in which the case is pending. (See subsection (i) of this Rule.)
Mediation Statements are confidential. (See Rule 8 to these Rules.) Copies of the Mediation Statements submitted by the parties should go directly to the mediator and should not be served upon opposing counsel. Documents prepared for mediation sessions are not to be filed with the appellate mediation office or with the clerk's office of the appellate court in which the case is pending and are not to be part of the record on appeal.
The mediator should begin the mediation by describing the mediation process, discussing confidentiality, and inquiring whether any procedural questions or problems can be resolved by agreement. The parties and the mediator may then discuss, either jointly or separately, and in no particular order, the following topics:
The discussion is not limited to these topics and, because each appeal has its own circumstances, will vary considerably. The mediator will also attempt to generate offers and counteroffers and may have several follow-up mediation sessions by telephone or in person until the appeal is settled or it is determined that it will not settle.
Because appellate mediation is based on the principles of self-determination by the parties and the impartiality of the mediator, the mediator may apply the facilitative model of mediation.
Ala. R. App. Med. 5
Court Comment.
One of the goals of the appellate mediation program is to help the parties save costs in preparing the record and briefs. It is not the aim of the the appellate mediation program to have the parties submit a brief as a Mediation Statement.
Court Comment to Amendment to Rule 5(i)
Effective November 19, 2012
Because this rule prohibits a motion for sanctions or a recommendation for sanctions from being presented to the appellate court until after the court has decided the case on the merits, the sanction of "dismissal of the appeal" will not be considered as an option for a sanction under this rule.
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.
Note from the reporter of decisions: The order amending Rule 2(a), Rule 5(e), Rule 5(i), and Rule 8 and adopting Rule 2(e) and Rule 2(f) of the Alabama Rules of Appellate Mediation, effective October 31, 2005, is published in that volume of the Alabama Reporter that contains Alabama cases from 912 So.2d.
Note from the reporter of decisions: The order amending Rule l(a), Rule 2(f), Rule 4(h), Rules 5(f) (2), and Rule 6(b) and adopting the Court Comment to Amendment to Rule 6(b) Effective September 15, 2008, effective September 15, 2008, is published in that volume of Alabama Reporter that contains Alabama cases from 994 So.2d.
Note from the reporter of decisions: The order amending Rule 5(i) effective November 19, 2012, and adopting the Court Comment to Amendment to Rule 5(i) Effective November 19, 2012, is published in that volume of Alabama Reporter that contains Alabama cases from ___ So. 3d.
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