Trial court must order mediation if requested by a party
In Ex parte Morgan County Commission, [Ms. 1071545] (Ala. Oct. 10, 2008), the County Commission filed a motion requestiong mediation, but the trial court denied the motion. Citing Ala. Code sec. 6-6-20(b)(2) and Rule 2 of the Alabama Court Mediation Rules, the Alabama Supreme Court held that a trial court erred by not ordering mediation when a party requested mediation: "Although a trial court has discretion as to whether to stay the proceedings during mediation, the trial court has to order mediation upon the request of a party." Slip. Op. p. 5. Thus, the Court issued a writ of mandamus directing the trial court to order mediation.
