Legislators in Mississippi Looking at Mandatory Mediation for Torts

Mississippi legislators are reviewing legislation that would require mediation of tort cases and delay the running of statutes of limitations during the process. The bill would require a civil dispute involving a tort to be submitted to mediation before a lawsuit is filed. The drafters stated their intention in the bill that it be construed liberally to encourage settlement of disputes and the prevention of litigation. To protect the legal right to bring a lawsuit, the bill would suspend the running of the applicable statute of limitations once a "notice of claim" is served on the other party. The statute of limitations would continue to be suspended while the dispute is being mediated. The bill calls for the mediation to be nonbinding unless the parties agree in writing to make it binding. There are no procedures set out for the mediation itself. Mediators would be drawn from a roster to be maintained by the Mississippi Bar. Mediators on the roster must be attorneys who have been practicing law for at least five years. The bill does address the tort plaintiff's rights if the mediation does not result in a binding agreement. It provides that the tort claimant could file a lawsuit 90 days after the unsuccessful mediation.

Once in litigation, it is possible that the court could refer the parties to mediation under court rules.