The federal government banned production of PCBs, an oily chemical used as a coolant in electrical wiring, in the late 1970s after tests showed it caused cancer in laboratory animals. Monsanto produced PCBs at its west Anniston plant from 1935 to 1971. The mediation comes as the Alabama Supreme Court lifted a stay on the case in order to let Circuit Court Judge Joel Laird rule on 39 motions. Monday, Laird asked attorneys for both sides to try to settle the case in mediation before he issues rulings on the 39 filings. If issued, the rulings could possibly affect the possibility of a settlement in the future or a court trial.
Mediation is a means of dispute resolution outside of the courts.
With a neutral third party as a facilitator, both sides try to come to an agreement which is mutually acceptable. However, such an agreement is non-binding and the sides can accept or reject it as they choose. The Supreme Court stayed the case against Monsanto 14 months ago at the behest of attorneys for the company. Monsanto had filed a writ of mandamus, asking the state Supreme Court to review several factors in the case, such as changing the venue of the trial, dividing the 3,600 plaintiffs into independent trials, and excluding certain evidence from the proceedings. Last year the Alabama Supreme Court issued the stay after the circuit court had set a trial date of June 28.