Bill Text: MS SB2403 | 2019 | Regular Session | Introduced
Bill Title: Mediation; required in lawsuits between political subdivisions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2019-02-05 - Died In Committee [SB2403 Detail]
Download: Mississippi-2019-SB2403-Introduced.html
MISSISSIPPI LEGISLATURE
2019 Regular Session
To: Judiciary, Division A
By: Senator(s) Seymour
Senate Bill 2403
AN ACT TO MANDATE MEDIATION BEFORE PROCEEDING ON A COMPLAINT FILED BY A POLITICAL SUBDIVISION AGAINST ANOTHER POLITICAL SUBDIVISION; TO REQUIRE THE FULFILLMENT OF CERTAIN TIME RESTRICTIONS; TO GIVE INVESTIGATIVE AUTHORITY TO THE MEDIATOR; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) For the purposes of this section, "political subdivision" means a body politic or body corporate other than the state that is responsible for governmental or regulatory activities in a geographic area smaller than that of the state.
(2) No political subdivision shall prosecute or defend a suit against another political subdivision until the requirements of this section have been satisfied.
(3) (a) Within fifteen (15) days of the filing of a civil action by a political subdivision against another political subdivision, the court in which the action is filed shall hold the proceeding in abeyance with discovery to be stayed pending mediation. The parties may mutually select a mediator, which choice is binding upon the court, or, if the parties cannot agree, the court shall appoint a mediator. The mediator selected by the court must be a person with demonstrable experience in the subject matter of the dispute. The mediator appointed must begin the mediation process within thirty (30) days of his appointment.
(b) In any mediation proceedings commenced under the provisions of this section, the mediator appointed by the court may direct the political subdivisions to provide the mediator with copies of all information concerning the dispute which the mediator may require. The mediator is further authorized to negotiate with the political subdivisions for the resolution of the dispute. In every mediation proceeding under this section, the mediator may perform only such duties relating to the dispute as the mediator deems reasonable and likely to result in the resolution of the dispute between the political subdivisions.
(c) A case in which mediation is required under this section shall constitute a priority case with the court in which the complaint is filed, and the court shall maintain supervision of the progress of the mediation.
(d) If the mediation is successful, a judgment shall be entered consistent with the mediator's report. In a case in which the mediation is unsuccessful, the complaint shall not proceed further until the mediator has filed his report. The mediator must file his report within one hundred eighty (180) days of his appointment, which time may be extended by the court for good cause shown.
(e) The costs of mediation shall be divided equally among the parties as determined by the court.
SECTION 2. This act shall take effect and be in force from and after July 1, 2019.
