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  • AADRC Attorney List
    Act Administrative Directive rescinded May 1 2014 View Full Roster Mediator Roster Arbitrator Roster Private Judge Roster Public Info Alternative Dispute Resolution Mediation What is Mediation How does Mediation work Family Mediation Foreclosure Mediation Foreclosure FAQs Arbitration What is Arbitration Arbitration Agreements Private Judging Consumer Complaints Need legal help Contact Us Media Center Alabama ADR Blog ADR in News Articles Newsletters Photo Gallery Podcasts Publications CLE Resources ADR Organizations ADR News Links Mediator Jobs on the Web Law School ADR Programs Videos Mediation Arbitration General ADR Restorative Justice Webinars Contact Us Resources AG Opinions Court ADR Executive Orders Executive Order 50 Executive Order 42 Executive Order 7 2015 Mediation Week Proclamation Ethics Legislation Uniform Collaborative Law Act Mediator Confidentiality Act Mandatory Mediation Act Arbitration Act Draft Private Judging Act Peer Mediation Publications CLE ADR Procedures in Alabama Handbook Judges Mediation Bench Book Seal the Deal CLE Practical Tips from Top Mediators Brochures Bookshop Resources ADR Organizations ADR News Links Find Mediator Jobs Law School ADR Programs Ethics Restorative Justice Circle Sentencing Criminal Mediation Victim Offender Conferencing More on Restorative Justice Portraits of Restorative Justice State Agency ADR Statistics Home Admin Loading News for Alabama Neutrals News Blog Newsletters Facebook ADR

    Original URL path: http://alabamaadr.org/web/AADRCadmin/index.php (2016-02-13)
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  • Alabama ADR News
    injure another person We have a bad day We are tired We have an accident We make decisions that affect others How good it is to have a mediator a trained conflict resolution specialist to help you talk it out with the other people involved To get to the heart of the matter to turn what might have been sad an economic loss anger a tragedy to something of value to something positive And to do it quickly not years later A mediator is a neutral who works hard to find the interests of the people involved and make sure those are known to everyone Interests often involve more than just money while money is the only thing available if the conflict is resolved in court The interest behind a demand for a 35 450 settlement may be the concern of future medical bills the desire to purchase health insurance to cover unforeseen issues wanting an apology having to care for an individual the need to find out what really happened Or all of those A mediator s work also includes clarify misunderstandings getting to the heart of the matter exploring solutions and finally reaching agreement Mediators must listen deeply A mediation session usually begins around a table in a confidential setting most often a conference room Only the persons involved and their attorneys if they want are present Usually refreshments are available all day as well as lunch if the mediation takes most of the day It is informal Everyone may ask for a break when necessary Get up Go outside Walk Think There is a structure to mediation sort of an unfolding of the story from both sides The mediator creates an environment where everyone can do their best negotiation job and guides the discussion so everyone has a chance to participate and to ask questions express sorrow and release anger respectfully if they want In order to be of most help the mediator will often spend private time with one person or group and then the other That way the mediator may hear and ask questions that might not come out in a joint meeting but may be necessary to resolve the conflict Information shared in these separate meetings is confidential unless the persons agree to share it As they work with the mediator the people who know the most about the situation make the decisions solve their own problems and resolve conflict as promptly as possible The mediation process promotes looking at options and improved communications Both facts and feelings are considered Mediation is voluntary and may be terminated by persons involved or the mediator When a conflict is already in court the people involved may be ordered to participate in mediation but an agreement is voluntary About 98 of all conflict that arrives in court will be settled before trial and many cases will settle before ever getting to court While some conflicts require a judge using a mediator for conflicts that involve automobile accidents

    Original URL path: http://alabamaadr.org/blog/ (2016-02-13)
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  • ABA Mediation Webinar Series - 2016
    Series 2016 This 6 part mediation series is a unique opportunity to learn from some of the leading mediators in the country Each webinar will focus on different phases of the mediation process as well as useful analytical techniques and strategies for mediators The program will also provide in depth discussion on common barriers and ethical issues mediators face in helping parties reach durable agreements Please see below for more details on each program Special Deal Get one webinar free 55 value when you purchase the entire series Please log in http shop americanbar org to register and receive the deal Register now CLOSED Before the Session Starts How to Prepare for Mediation Wednesday January 20 2016 12 00 PM 1 15 PM Eastern Time What is the Relevance of the Joint Opening Session in Today s Commercial Mediation Process Tuesday February 9 2016 12 00 PM 1 15 PM Eastern Time In this webinar a mediator in house counsel and advocate will disclose strategies on whether and when to make opening statements who should make opening statements and how advocates and mediators use the opening to set the stage for a successful outcome Participants will learn the techniques mediators use to create a problem solving environment and how advocates use that time to set expectation levels Speakers John Sherrill Seyfarth Shaw LLP Atlanta GA Joseph McCoin The Coca Cola Company Atlanta GA Richard Sinkfield Rogers Hardin LLP Atlanta GA Evaluations Opinions Observations Comments Whether When and How Mediators Use Analytical Techniques Tuesday March 8 2016 12 00 PM 1 15 PM Eastern Time This webinar will teach participants when and why mediators use evaluative techniques and how parties and counsel can best make use of the techniques The speakers will discuss whether it is ethical for mediators to evaluate whether parties want evaluation and how traditional reality testing differs from evaluation The presenters will share perspectives on whether evaluation interferes with party autonomy or provides the ultimate party choice Speakers Wayne Thorpe JAMS Atlanta GA Phil Armstrong Emory University School of Law Atlanta GA Ed Mullins Astigarraga Davis Mullins Grossman P A Miami FL Negotiation in Mediations What Happens When Your Partner Stops Dancing Monday May 9 2016 12 00 PM 1 15 PM Eastern Time What are the barriers to reaching agreement in mediation In this webinar three of the nation s leading neutrals will identify some of the most common barriers examine the factors that cause them and provide tips on how they have been able to circumvent those barriers or shift responsibility when the parties seem stalled Speakers Michael Lewis JAMS Washington DC Linda Singer JAMS Washington DC Greg Derin Judicate West Los Angeles CA Closing the Deal Getting to Yes and Evading No Tuesday June 14 2016 12 00 PM 1 15 PM Eastern Time The end of the day is the most challenging part of mediation The speakers will reveal creative mediator techniques to break through impasse as well as proven strategies for use

    Original URL path: http://alabamaadr.org/web/media/webinars_med-2016.php (2016-02-13)
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  • News for Alabama Neutrals
    that it was necessary We marked the chart with an M if the 211 client did have an opportunity to talk with a mediator Of the homeowners referred by Congressman Rogers 4 worked with mediators and received PF numbers pre foreclosure Two stayed in their homes and 2 were non responsive or a mediation no show after working with a mediator The other cases were referred or were unresponsive If they were referred to mediators but never contacted any then we have no mediator record so we do not know what happened to them I would like to thank the mediators who kept cases after the program closed many without pay to help homeowners A special thanks to Jimmy Walters at Capell Howard for his report this month He had two cases he thought needed continued work and he was able to obtain a loan modification and a cash for keys Both homeowners were happy with the results His work was pro bono Back to Top Parents are Forever Family Mediation Program December 2013 September 30 2015 200 CASES 165 MEDIATIONS with 35 still in progress 133 AGREEMENTS 115 full agreements 18 partial 80 6 SETTLEMENT RATE Average family income 44 000 Average number children 1 5 Average cost per mediation 876 89 Number of children whose parents were helped by mediators 242 Mediators gave 245 76 hours of pro bono time over 6 weeks of free assistance COUNTIES PARTICIPATING Autauga Bibb Chilton Clay Coffee Cullman Dale Dallas Elmore Etowah Fayette Geneva Greene Hale Henry Houston Jefferson Lauderdale Lawrence Lee Limestone Madison Mobile Montgomery Morgan Perry Russell Shelby Tuscaloosa Walker Wilcox INVITED BUT NO CASES SENT Baldwin Calhoun Chambers Cleburne Randolph TOP FAMILY MEDIATION COUNTIES 1 Houston 2 Walker 3 Lee 4 Dale 5 Dallas PROGRAM PARAMETERS AND GOALS Family Income 75 000 Child Children Order by judge into the program using sample order Pro bono component for mediator in each case Parents and their attorneys have to agree to work cooperatively with each other in mediation per the order Goal is to develop a parenting plan which includes parenting time responsibilities and support for the child or children and a financial plan The Center has paid mediators 112 098 to mediate these cases Back to Top ADR Skills Courses For Remainder of 2015 Watch the Center website for training in addition to the opportunities listed below www alabamamediators org or call 334 269 0409 for an update Blog www alabamamediators org blog The Center only reviews and approves the basic mediation training courses general civil 20 hours and divorce mediation 40 hours Thank you Thank you Jennifer Chambliss Esq for the article in the Lee County paper and shout out to all the mediators there Current Lee County trained mediators are Phil Adams Russell Balch Jennifer M Chambliss Kevin Coonrod Katie Crow Cody Foote Robbie Hyde Richard Lane Philip Thompson and Philip Tyler http www oanow com news article 4bcf8aa8 734d 11e5 b94e d741783cefdf html Thank you Holly Sawyer

    Original URL path: http://alabamaadr.org/email/1510_NAN_Newsletter.html (2016-02-13)
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  • Select Alabama Mediation Cases
    is not a final appealable judgment Matters have not been adjudicated McNeill v McNeill Pg 7 2 There is a firewall between the appellate mediation office and the appellate courts The court only knows that the case has gone to mediation not about the mediation when it is returned to the court from the mediation docket if the case does not settle Confidentiality is a top priority Southland Bank Pg 2 3 If one party requests mediation the court must order it pursuant to 6 6 20 b Code of Alabama 1975 Ex Parte Morgan County Commission Working v Jefferson County Election Commission Both Pg 3 Mackey v Mackey Pg 9 4 You may abandon a request for mediation under 6 6 20 by how you proceed in the run up to trial Waddell v Colbert County Northwest Alabama Healthcare Authority Pg 14 5 Releases are important as is their content Lawyers should bring them Mediators should remind them to bring them Walton v Beverly Enterprises Alabama Inc Pg 5 6 Negotiate to specific measurable standards Leave nothing to guess work James v City of Russellville Pg 5 7 Visitation plans in mediated agreements are subject to the court finding after a hearing that they are in the best interest of the child S A N v S E N Pg 6 8 Rule 11 of the Alabama Civil Court Mediation Rules Confidentiality is not intended to prevent the injured party from proving fraud or mistake Dissent in Cain v Saunders Pg 10 9 If there is fraud in procuring a mediated agreement in this case by not complying with a court ordered discovery order the injured party may be entitled to rescind the agreement Elements necessary to establish that a mediated agreement is procured by fraud are set forth by the court Billy Barnes Enterprises v Williams Pg 8 10 The party who seeks to set aside a mediated agreement on grounds of fraud has the burden of proof In this case proof that the other party had made some representation of material fact that reasonably induced the movant to enter into the mediated agreement was not present Berry v H M Michael Inc Pg 6 11 Fraud is a defense to specific performance of the mediated agreement Harlan Home Builders Inc v Hayslip Pg 10 12 If you accuse a party of breaching a mediated agreement you need evidence that they have done so Here you can read what is not sufficient enough for a breach Williams v Jackson Pg 14 13 When filing a motion to set aside a mediated agreement a party may allege that he or she was not physically or mentally well on the day of mediation Daniels v Daniels p 7 14 Don t forget liens when drafting a mediated agreement Board of Trustees of the University of Alabama v American resources Insurance Company Inc Pg 7 15 Documents prepared for use in mediation should be labeled as such so they remain confidential

    Original URL path: http://alabamaadr.org/web/roster-documents/AL_Cases_Select_Mediation.php (2016-02-13)
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  • Alabama ADRC :: ADR Legislation
    Programs Videos Mediation Arbitration General ADR Restorative Justice Webinars Contact Us Resources AG Opinions Court ADR Executive Orders Executive Order 50 Executive Order 42 Executive Order 7 2015 Mediation Week Proclamation Ethics Legislation Uniform Collaborative Law Act Mediator Confidentiality Act Mandatory Mediation Act Arbitration Act Draft Private Judging Act Peer Mediation Publications CLE ADR Procedures in Alabama Handbook Judges Mediation Bench Book Seal the Deal CLE Practical Tips from Top Mediators Brochures Bookshop Resources ADR Organizations ADR News Links Find Mediator Jobs Law School ADR Programs Ethics Restorative Justice Circle Sentencing Criminal Mediation Victim Offender Conferencing More on Restorative Justice Portraits of Restorative Justice State Agency ADR Statistics Home Admin News for Alabama Neutrals News Blog Newsletters Facebook ADR Procedures Alternative Dispute Resolution Procedures in Alabama with Mediation Model Need Legal Help Resources for Legal Assistance Share Disclaimer The Alabama Center for Dispute Resolution ACDR provides information and materials believed to be accurate but due to human or mechanical error as well as other factors ACDR makes no representations or warranties express or implied as to the accuracy or timeliness of its information and cannot be responsible or liable for any errors or omissions in its information or the results

    Original URL path: http://alabamaadr.org/web/legal/disclaimer.php (2016-02-13)
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  • Alabama Center For Dispute Resolution
    Jobs on the Web Law School ADR Programs Videos Mediation Arbitration General ADR Restorative Justice Webinars Contact Us Resources AG Opinions Court ADR Executive Orders Executive Order 50 Executive Order 42 Executive Order 7 2015 Mediation Week Proclamation Ethics Legislation Uniform Collaborative Law Act Mediator Confidentiality Act Mandatory Mediation Act Arbitration Act Draft Private Judging Act Peer Mediation Publications CLE ADR Procedures in Alabama Handbook Judges Mediation Bench Book Seal the Deal CLE Practical Tips from Top Mediators Brochures Bookshop Resources ADR Organizations ADR News Links Find Mediator Jobs Law School ADR Programs Ethics Restorative Justice Circle Sentencing Criminal Mediation Victim Offender Conferencing More on Restorative Justice Portraits of Restorative Justice State Agency ADR Statistics Home Admin News for Alabama Neutrals News Blog Newsletters Facebook ADR Procedures Alternative Dispute Resolution Procedures in Alabama with Mediation Model Need Legal Help Resources for Legal Assistance Share Software Assistance Latest Browser We have updated our web site to the latest most accessible and usable standards If you have an old browser some pages may not look right If you have a problem please let us know Contact Us You can eliminate most difficulties by upgrading your browser software Just follow the links below for the FREE download of your choice Microsoft Internet Explorer Mozilla Firefox Apple Safari Google Chrome Opera Adobe Reader for PDF Files To read PDF files you may need to download the FREE Adobe Reader for PDF Portable Document Format files EPUB Reader for EPUB Files To read EPUB files you will need an eReader device that supports the EPUB format i e iPad iPod iPhone or a computer based reader Adobe Digital Editions Recommended for desktop use Quality reliable free reader Compatible wirh accessibility browser technology EPUBReader Recommended for Firefox an Add On that is easy to use Top

    Original URL path: http://alabamaadr.org/web/software.php (2016-02-13)
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  • Alabama ADRC :: Resources :: Ethics Opinion 001-13 ASCCDR
    Judging Act Peer Mediation Publications CLE ADR Procedures in Alabama Handbook Judges Mediation Bench Book Seal the Deal CLE Practical Tips from Top Mediators Brochures Bookshop Resources ADR Organizations ADR News Links Find Mediator Jobs Law School ADR Programs Ethics Restorative Justice Circle Sentencing Criminal Mediation Victim Offender Conferencing More on Restorative Justice Portraits of Restorative Justice State Agency ADR Statistics Home Admin Loading News for Alabama Neutrals News Blog Newsletters Facebook ADR Procedures Alternative Dispute Resolution Procedures in Alabama with Mediation Model Need Legal Help Resources for Legal Assistance Share Ethics Alabama Supreme Court Commission on Dispute Resolution Opinion 001 13 Opinion 001 10 Opinion 001 05 Mediator Code of Ethics Arbitrator Code of Ethics Consumer Complaints Against Mediators and Arbitrators For Ethical Violations ADR Resources Ethics Opinion of the Alabama Supreme Court Commission on Dispute Resolution OPINION 001 13 The Commission considered your request for an ethics opinion at its meeting on June 28 2013 You state that a judge requested that any mediated agreement include the following language WAIVER OF DEFENDANT The undersigned Defendant further waives any notice required by law as a condition precedent to taking of depositions in any way permitted by law and the rules of this Court and specifically agrees that depositions may be taken herein by affidavit before any Notary Public or other officer authorized to administer oaths and when so taken may be used like other depositions as provided by Rules 28 and 29 of Alabama Rules of Civil Procedure and hereby consents that this cause proceed to final judgment without further or other notice whatever to said Defendant Your questions are Is the inclusion of this paragraph in the mediated agreement when requested by the court ethical If I prepare this as a separate document to be signed at mediation

    Original URL path: http://alabamaadr.org/web/resources/resources_ethics_ASCCDR_Opinion_001-13.php (2016-02-13)
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