Administrative Order Number 7
Court Ordered Mediation
This Order is effective January 1, 2011 and to remain in effect until further order of this Court.
Pursuant to the purpose and intent of the Family Court of the 25th Judicial Circuit, Judge Tracy L. Storie, Presiding Judge, hereby makes the following orders to assist with efficiency and to clarify court ordered mediation under the Family Court.
- 1. If a case is not heard as an uncontested default or contested case within six (6) months after the entry of appearance is filed or answer is filed or due to be filed, the Family Court Judge in each county shall have the authority, duty and responsibility to notice the case for trial setting before said Family Court Judge on the next Circuit Law Day.
- 2. Pursuant to the policy statement of the Family Court Improvement Committee, when all parties consent, attorneys are encouraged to utilize telephone conference calls to:
- a. Resolve pretrial discovery disputes; and;
- b. Set the matter for trial;
- 3. At the time of trial setting the Family Court Judge shall have the duty and responsibility to:
- a. Confirm that each party has complied with the document preparation rules and document exchange rules of this Family Court (and, if not, to make appropriate orders to ensure the case can be tried in an expeditious manner);
- b. Determine the issues that remain contested after the utilization of available ADR resources;
- c. Determine there are no other foreseeable issues (such as the necessary appointment of a GAL) that would prevent the matter from proceeding to trial on the date set; and
- d. Set the matter for trial before a trial judge agreed to by the parties. If the parties cannot agree on a trial judge, the matter shall be submitted to the Presiding Judge for assignment.