Under the relevant Alabama statutes and court rules, a trial court must order mediation of a dispute upon a party's motion, according to the Alabama Supreme Court.

In Ex parte Morgan County Commission, No. 1071545, 2008 WL 4531793 (Ala. Oct. 10, 2008), Eckles filed suit against an insurer as the beneficiary of a life insurance policy. The insurer then filed a third-party complaint against Morgan County for damages that Eckles might recover against the insurer. Morgan County then filed a motion asking that the matter be referred to mediation. The trial court denied the motion, deciding that mediation between Morgan County and the insurer was not yet "appropriate" at such an early stage.

On writ of mandamus, Morgan County argued that the trial court exceeded its authority by not referring the matter to mediation as requested. The Court agreed, noting that mediation was "mandatory for all parties… [u]pon motion by any party," so long as the moving party bears all costs. Ala. Code § 6-6-20(b).

The Court also cited language in the Alabama Civil Court Mediation Rules, stating that a court "shall order mediation when one or more parties request mediation." Ala. Civ. Ct. Mediation R. 2. While the Court acknowledged that the trial court could exercise its discretion as to whether to stay proceedings during mediation, it was required by the plain language of both the statute and mediation rules to order mediation upon Morgan County's request.

Accordingly, the Court found the trial court had exceeded its authority, and issued a writ requiring the trial court to order mediation.