In Re: Local Rules
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Serial: 129567
IN THE SUPREME COURT OF MISSISSIPPI
No. 89-R-99015-SCT
IN RE: LOCAL RULES
ORDER
This matter is before the Court en banc on the Petition for Approval of Local Circuit Court Rule
filed by the Honorable Kenneth L. Thomas, the Honorable Albert B. Smith, III, and the Honorable Larry
O. Lewis of the Eleventh Circuit Court District for approval of a local rule on mediation. The proposed
local rule is identified as Rule 1- Required Mediation in Civil Cases and is attached as Exhibit A.
Having considered the petition, the Court finds that the local rule will promote the fair and efficient
administration of justice and that the petition should be granted.
IT IS THEREFORE ORDERED that the Petition for Approval of Local Circuit Court Rule filed
by the Honorable Kenneth L. Thomas, the Honorable Albert B. Smith, III, and the Honorable Larry O.
Lewis of the Eleventh Circuit Court District is hereby granted and the proposed Rule 1-Required Mediation
in Civil Cases as set forth in Exhibit A hereto is approved.
IT IS FURTHER ORDERED that the Clerk of this Court shall spread this order upon the minutes
of the Court and shall forthwith forward a true certified copy hereof to West Publishing Company for
publication as soon as practical in the advance sheets of Southern Reporter, Second Series (Mississippi
Edition).
SO ORDERED, this the 27th day of January, 2006.
/s/ William L. Waller, Jr.
WILLIAM L. WALLER, JR.,
PRESIDING JUSTICE
TO GRANT: SMITH, C. J., WALLER AND COBB, P.JJ., CARLSON AND DICKINSON, JJ.
TO DENY: EASLEY AND GRAVES, JJ.
NOT PARTICIPATING: DIAZ AND RANDOLPH, JJ.
LOCAL RULES
FOR
ELEVENTH CIRCUIT COURT DISTRICT OF MISSISSIPPI
[Approved by order of the Supreme Court effective February 2, 2006]
RULE 1. REQUIRED MEDIATION IN CIVIL CASES
(a) All civil matters filed in the Eleventh District Circuit Court, except those
specifically exempted in subsection (b), shall be submitted to mediation prior to the parties
obtaining a trial date from the Court unless all parties agree in writing that to submit the matter
to mediation would be futile.
(b) Medical malpractice cases are exempt from the requirement of mediation.
(c) The term mediation as used in this rule refers to the form of alternative dispute
resolution by which a neutral third party is retained by both parties to assist them in reaching
a settlement. The mediator does not render a decision, binding or otherwise, as in arbitration.
Notes
The Judges of the Eleventh District Circuit Court find that mediation is private,
informal, and efficient. It has proven to be an effective tool for resolving cases in numerous
instances where parties alone seem unable to do so.
This rule also recognizes the fact that mediation is not effective or useful in all
situations.
[Adopted by the Eleventh Circuit District Court and approved by the Supreme Court by order
entered February 2, 2006.]
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