Rule 10-1-305. Mediation in small claim appeals.
Intent:
To establish policy regarding
mediation of appeals in small claim cases.
Applicability:
This rule shall apply to the
Third District Court.
Statement of the Rule:
(1) For appeals filed in
locations where a program for mediating small claims appeals exists, the
parties are required to mediate the dispute prior to the case being scheduled
for pretrial or trial.
(2) A certificate from the
mediator confirming the completion of good faith mediation by all parties must
appear in the file.
(3) If any of the parties fail to
complete good faith mediation, the court may impose sanctions including the
assessment of costs and expenses, the striking of pleadings, the granting of
default and/or the dismissal of the appeal and remand to the original small
claims court.