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  • Find a Private Judge :: Alabama Alternative Dispute Resolution Center
    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 Find a Private Judge Search the Private Judge Roster Our state roster contains the names of Private Judges who have met the Private Judge Registration Standards and who have registered with the Alabama Center for Dispute Resolution Inc Copies of the state Private Judge roster are available from the Center To see the full application of any Private Judge please call and request it at 334 269 0409 Search Complex Search Option Select one or more criteria below to narrow your search Area of Practice All Practice Areas 1 None Designated Abuse of Process Assets Attorney Fee Dispute Auto Accident Banking Finance Credit Boundary Disputes Business Business Disputes Church Civil Litigation Collections Commercial UCC Complex Business Litigation Complex Litigation Construction Contempt Contract Disputes Contracts Damages Defamation Discrimination Domestic Relations Domestic Violence Trained Employment EEOC Equity Estate Family Federal Employer s Liability Fraud Government Injunctions Insurance Landlord Tenant Legal Malpractice Litigation Medical Malpractice Negligence Oil and Gas Litigation Personal Injury Personal Injury Wrongful Death Premises Liability Products Liability Professional Malpractice Property Property Division Railroad Accidents Real Estate Real Estate Disputes Real Property Relocation Retaliatory Discharge Retirement Slip Fall Small Claims Torts Trust Wills Wills and Estates Workers Comp Search Term Enter a search term such as first name or last name or firm name You may also enter part of a word Located in or willling to travel to Select County Autauga Baldwin

    Original URL path: http://alabamaadr.org/web/roster-judges/index.php (2016-02-13)
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  • Alabama ADRC :: Training Calendar
    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 Procedures Alternative Dispute Resolution Procedures in Alabama with Mediation Model Need Legal Help Resources for Legal Assistance Share Alternative Dispute Resolution Training Opportunities All Training In State Med Other Med In State Arb Other Arb General Conferences Upcoming Training All Select an event for details on location time and registration Use the tabs on the right of the calendar to change the view agenda month week and to print Check our newsletters blog posts and Facebook page for additional training opportunities and conferences that you may find interesting Mediation Training In State Select an event for details on location time and registration Use the tabs on the right of the calendar to change the view agenda month week and to print Mediation Training Out of State Select an event for details on location time and registration Use the tabs on the right of the calendar to change the view agenda month week and to print Arbitration Training In State Select an event for details on location time and registration Use the tabs on the

    Original URL path: http://alabamaadr.org/web/training/index.php (2016-02-13)
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  • AADRC :: Roster Applications
    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 Roster Applications Mediator Application Information Arbitrator Application Information Private Judge Application Information Mediator Registration Mediator Application Package Choose one of the following formats Mediation Roster Application Package 2016 2017 Fillable Form rev 151217 PDF This PDF file can be completed online and a copy saved to your computer Mediation Roster Application Package 2016 2017 rev 151217 Word 2010 docx Mediator Standards and Registration Procedures Read the detailed guidelines on our web site Or view and print the detailed guidelines in PDF or Word format Mediator Registration Standards and Procedures rev 1206 PDF Mediator Registration Standards and Procedures rev 1206 Word Mediator Code of Ethics Mediator Code of Ethics Adopted by Order of the Supreme Court of Alabama December 14 1995 and effective on March 1 1996 including amendments received through June 1 1997 and May 1 2015 Arbitrator Registration Arbitrator Application Package Arbitration Roster Application Package 2015 2016 Fillable Form rev 150320 This PDF file can be completed online and a copy saved to your computer Arbitration Roster Application 2015 2016 rev 150320 Word 2010 Arbitrator Standards and Registration Procedures Read the detailed guidelines on our web site Or view and print the detailed guidelines in PDF format Arbitration Registration Standards and Procedures rev 1112 PDF Arbitrator Code of

    Original URL path: http://alabamaadr.org/web/roster-documents/roster-applications.php (2016-02-13)
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  • AADRC :: Mediator Standards
    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 Procedures Alternative Dispute Resolution Procedures in Alabama with Mediation Model Need Legal Help Resources for Legal Assistance Share Go to Roster Application Mediation Another Method For Resolving Disputes pdf Also available in Spanish Mediación Otro Método para Resolver Altercación pdf Mediator Standards Links to pages with relevant information follow Mediator Code of Ethics Mediator Standards and Registration Procedures Civil Court Mediation Rules Mediator Ethical Opinions ADR Safety Planning Recommended Guidance In 2015 the Association for Conflict Resolution ACR Taskforce on Safety in Alternative Dispute Resolution ADR has drafted the ADR Safety Planning Recommended Guidance to promote the safety of practitioners and participants in ADR processes The Recommendations are intended to encourage and assist practitioners and ADR provider organizations when considering planning for and implementing safety procedures in all ADR processes they conduct The guidance is available as a PDF file

    Original URL path: http://alabamaadr.org/web/roster-documents/med_Standards.php (2016-02-13)
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  • AADRC :: Mediator Standards :: Mediator Code of Ethics
    mediation is being used to further illegal conduct A mediator may withdraw if the mediator believes any agreement reached would be the result of fraud duress overreaching the absence of bargaining ability or unconscionability A mediator shall not prolong a mediation session if it becomes apparent that the case is unsuitable for mediation or if one or more of the parties is unable or unwilling to participate in the mediation process in a meaningful manner c Avoidance of Delay A mediator shall perform mediation services in a timely and expeditious fashion avoiding delays whenever reasonably possible A mediator shall refrain from accepting additional appointments when it becomes apparent that completion of mediation assignments already accepted cannot be accomplished in a timely fashion STANDARD 4 SELF DETERMINATION a Parties Right to Decide A mediator shall assist the parties in reaching an informed and voluntary agreement Substantive decisions made during mediation are to be made voluntarily by the parties b Prohibition of Coercion A mediator shall not coerce or unfairly influence a party into entering into a settlement agreement c Misrepresentation Prohibited A mediator shall not intentionally misrepresent material facts or circumstances in the course of a mediation d Balanced Process A mediator shall promote a balanced process and shall encourage the parties to participate in the mediation proceedings in a non adversarial manner e Responsibility to Nonparticipating Parties A mediator may promote consideration of the interests of person who may be affected by an agreement resulting from the mediation process and who are not represented in the mediation process STANDARD 5 IMPARTIALITY AND CONFLICT OF INTEREST a Impartiality A mediator shall be impartial and shall advise all parties of any circumstances that may result in possible bias prejudice or impartiality on the part of the mediator Impartiality means freedom from favoritism or bias in work action and appearance impartiality implies a commitment to aid all parties as opposed to one or more specific parties in moving toward an agreement A mediator shall maintain impartiality while raising questions for the parties to consider concerning the fairness equity and feasibility of proposed settlement options A mediator shall withdraw from mediation if the mediator believes the mediator can no longer remain impartial b Required Disclosures and Conflicts of Interest A mediator must disclose to the disputing parties the following A Any current or past representation of or consulting relationship with any party or the attorney of any party involved in the mediation B Any pecuniary interest the mediator may have in common with any of the parties or that may be affected by the outcome of the mediation process C Known potential conflicts including membership on a board of directors full or part time service as a representative or advocate consultation work performed for a fee current stock or bond ownership other than mutual fund shares or appropriate trust arrangements or any other form of managerial financial or immediate family interest with respect to a party involved A mediator who is a member of

    Original URL path: http://alabamaadr.org/web/roster-documents/med_Code_Ethics.php (2016-02-13)
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  • AADRC :: Mediator Standards :: Standards and Registration Procedures
    of management or administrative experience in a professional business or governmental entity Applicants seeking registration under this subsection also must have served professionally as the mediator in at least 10 mediations within the 2 years immediately preceding submission of an application for registration and must present if requested documentation of the mediations and names addresses and telephone numbers of persons who may be contacted regarding the mediations or Be licensed as an attorney by 1 of the 50 states of the United States or the District of Columbia and be in good standing and within 2 years preceding application have successfully competed a law school clinical mediation course approved by the Director of the Center The Director will approve only law school courses that have educational training components equal to or greater than the training requirement in subsection 4 Approval of the course shall satisfy the training requirement for those applicants Students in such courses further must have participated as the sole or co mediator in at least 10 mediations Have successfully completed a 20 hour mediation training program approved by the Center within the 2 years preceding application The mediation training must include two hours of Alabama mediator ethics education or the applicant must take a separate two hour training in Alabama mediator ethics To be approved training programs must include as part of their curricula at a minimum mock mediation exercises and ethics education Agree to subscribe and adhere to the Alabama Code of Ethics for Mediators and the rules of the Center for mediator registration Be willing to provide upon request at least 10 hours annually of pro bono mediation services to the public Appendix II Domestic Relations Mediator Standards Individuals registered with the Alabama Center for Dispute Resolution the Center specifically to engage in mediation in the area of domestic relations must meet the following minimum requirementss Have reached the age of majority in Alabama Be of good character pursuant to Appendix III Satisfy any one of the following Be licensed as an attorney by 1 of the 50 states of the United States or the District of Columbia and be in good standing with 4 years legal or judicial experience or Have at least a master s degree and at least five years of professional experience in any of the fields of psychology social work or mental health and be in good standing with any licensing board or agency and able to present a current license number if applicable or Have either a baccalaureate degree and at least 8 years of management or administrative experience in a professional business or governmental entity OR at least a high school diploma and 10 years of management or administrative experience in a professional business or governmental entity Applicants seeking registration under this subsection also must have served professionally as the mediator in at least 10 domestic relations case mediations within the two years immediately preceding submission of an application for registration and must present if requested documentation of

    Original URL path: http://alabamaadr.org/web/roster-documents/med_Stds_Reg_Procedures.php (2016-02-13)
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  • Alabama ADRC :: Civil Court Mediation Rules
    Upon motion by any concerned party the court may for good cause shown extend the time of the stay for such length of time as the court may deem appropriate Adopted effective August 1 1992 amended effective June 26 2002 Committee Comment to Rule 2 Participation in the mediation process is strictly voluntary Any party wishing to terminate the process may do so at any time pursuant to Rule 13 Pursuant to Rule 13 the mediation process is also terminated by expiration of the period of stay provided for by Rule 2 Comment to Amendment Effective June 26 2002 Section 6 6 20 Ala Code 1975 allows one party to require a court to order mediation of a dispute irrespective of the position of any other party to the dispute This change in the law required the amendment of the first paragraph of Rule 2 to make the rule consistent with 6 6 20 In cases where the court can apportion the costs of mediation the court may want to balance a number of considerations when deciding whether and how to apportion mediation costs between the parties It may be helpful for the courts to consider the commitment to the mediation process that derives when each party has a financial stake in the process Courts may find mediations are more successful if each party is required to pay some portion of the mediation costs Rules 2 as originally adopted provided in the last paragraph that the underlying proceedings shall be stayed the change to may be stayed provides greater flexibility to courts and disputants in staying all or part of a dispute during the course of meditation RULE 3 APPOINTMENT OF A MEDIATOR Upon an order for mediation the court or such authority as the court may designate shall appoint a qualified mediator The mediator appointed shall be agreed upon by the parties concerned subject to the qualifications provisions of Rule 4 except that if the parties do not agree upon a mediator then the selection of the mediator shall be in the discretion of the court or its designated authority A single mediator shall be appointed unless the parties or the court determines otherwise Adopted effective August 1 1992 amended effective June 26 2002 Comment to Amendment Effective June 26 2002 The language added to the second sentence was necessitated by the language added to Rule 4 regarding qualifications of mediators in court ordered mediations RULE 4 QUALIFICATIONS OF A MEDIATOR In court ordered mediations the mediator shall have those qualifications required by statute or by the Alabama Supreme Court Mediator Registration Standards or in the absence of such statute or standards the mediator shall have those qualifications the court may deem appropriate given the subject matter of the mediation No person shall serve as a mediator in any dispute in which that person has any financial or personal interest except by the written consent of all parties Before accepting an appointment the prospective mediator shall disclose to the parties any circumstances likely to create an appearance of bias or likely to prevent the mediation from commencing within a reasonable time Upon receipt of such disclosure the parties may name a different person as mediator If the parties disagree as to whether a prospective mediator should serve the court shall appoint the mediator Adopted effective August 1 1992 amended effective June 26 2002 Comment to Amendment Effective June 26 2002 The first sentence of Rule 4 establishes a minimum standard for qualifications of mediators in court ordered mediations Presently no statutory qualifications exist so the rule was drafted to allow for the possibility of mediator qualifications by statute at a later date without the necessity of amending Rule 4 The Alabama Supreme Court has adopted Mediator Registration Standards The Rule does not require the selected mediator to actually be registered with the Alabama Center for Dispute Resolution but the mediator must possess the training and skill sufficient to be registered Rule 4 applies only in court ordered mediations in mediations in which the parties mutually agree to mediate the parties are free to select the mediator of their choice without regard to the provisions of Rule 4 Any disclosures of possible bias conflict of interest or scheduling difficulty should be made to the parties not the court The parties are best situated to determine whether any of those items rises to such a level as to disqualify the mediator from serving This should save time for judges eliminate the possibility of the court s rejection of a mediator the parties would have found acceptable and gives the parties the greatest possible control over the process If the disclosure causes a rejection of the proposed mediator by a party the parties should have the first option to select a successor The court would have the final say in the event the parties could not agree upon a successor mediator RULE 5 VACANCIES If any mediator becomes unwilling or unable to serve the court shall appoint another mediator The appointment of a successor mediator shall be by the same procedures and upon the same terms as an initial appointment Adopted effective August 1 1992 amended effective June 26 2002 RULE 6 ASSISTANCE AND SETTLEMENT AUTHORITY Any party not represented by an attorney may be assisted by persons of his or her choice in the mediation Each party or that party s representative must be prepared to discuss during mediation sessions the issues submitted to mediation and unless otherwise expressly agreed upon by the parties or ordered by the court before the first mediation session someone with authority to settle those issues must be present at the mediation session or reasonably available to authorize settlement during the mediation session Adopted effective August 1 1992 amended effective June 26 2002 Comment to Amendment Effective June 26 2002 The first obligation imposed by the second sentence is that a party make reasonable efforts to participate in mediation by appearing at the mediation prepared to discuss the issues being submitted to mediation This entails the party s possessing a sufficient knowledge of the facts of the dispute and the law governing the dispute Lawyers representing clients in mediation since the adoption of these Rules in 1992 have identified a problem of some parties appearing at mediations without full or realistic settlement authority Such a practice unnecessarily prolongs the mediation and can be used improperly as a discovery or negotiating tactic The ultimate aim of mediation is the resolution of the dispute therefore each party has an obligation to ensure before agreeing to a date and time for the mediation that a person with settlement authority for all issues being mediated will be readily available throughout the mediation to approve a settlement negotiated during the mediation The rule attempts to strike the proper balance between having a person with full settlement authority physically present at the mediation session and allowing such person to be within reasonable contact such as by telephone Mediation of disputes with small amounts in controversy or where the person with settlement authority would incur substantial cost to travel to the site of the mediation might best be accommodated by using a telephone conference or similar long distance communication On the other hand one value of mediation is having the decision makers such as a corporation s chief financial officer or chief executive officer present to hear the discussions during mediation to personally assess the pros and cons of pursuing litigation versus settling the controversy for a particular amount The default standard is that someone with full authority must be available such as by telephone fax or other means that can provide input on the settlement within a reasonable time The parties may negotiate or the court may require the parties to have a person with full settlement authority present throughout the mediation Presumable this would occur only in cases in which the cost of having such a person present would be reasonable in light of the amount in controversy in the underlying dispute There are a number of different ways a party could communicate with a person with full authority to settle the dispute This Rule presumes that a party will make every reasonable effort to ensure the person with settlement authority remains continuously available throughout the mediation to consult and provide input on a potential settlement proposal Because the length and types of mediations may vary greatly and because the decision maker may be in a different time zone from the time zone of the location of the mediation the Rule does not attempt to define what is reasonable If one party has a concern over the extent of the settlement authority the representative of a party present at the mediation has an effort to identify the person with adequate authority and the availability of that person during the mediation should be undertaken at the beginning of the mediation This can be done through private sessions with the mediator at the beginning of the mediation to protect a party s interest in not disclosing the extent of its settlement authority RULE 7 TIME AND PLACE OF MEDIATION The mediator shall fix the time of each mediation session The mediation sessions shall be held at any convenient location agreeable to the mediator and the parties or as otherwise designated by the court Adopted effective august 1 1992 amended effective June 26 2002 RULE 8 IDENTIFICATION OF MATTERS IN DISPUTE A mediator may require each party concerned within a reasonable time before the first scheduled mediation session to provide the mediator with a brief memorandum setting forth the party s position with regard to the issues that need to be resolved The mediator shall not distribute the memoranda to the parties without their consent At the first session the parties shall produce all information reasonably required for the mediator to understand the issues presented The mediator may require either party to supplement this information Adopted effective August 1 1992 amended effective June 26 2002 Comment to Amendment Effective June 26 2002 The former requirement that each party in every type of mediation provide the mediator with a brief memorandum at least 10 days before the first mediation session was unnecessarily inflexible Parties and mediators alike frequently ignored that requirement The better practice is to allow a mediator to require such a memorandum if in the mediator s judgement a memorandum would be helpful or necessary Therefore shall is changed to may and the 10 days requirement is removed In some cases sharing the memoranda with the parties might facilitate the mediation but the mediator should not allow the contents of any memorandum submitted by a party to be viewed by another party without the consent of the party who prepared the memorandum RULE 9 AUTHORITY OF MEDIATOR The mediator does not have authority to impose a settlement upon the parties but the mediator shall attempt to help the parties reach a satisfactory resolution of their dispute The mediator is authorized to conduct joint and separate meetings with the parties to communicate offers between the parties as the parties authorize and at the request of the parties to make oral and written recommendations for settlement Whenever necessary the mediator may also obtain expert advice concerning technical aspects of the dispute provided the parties agree to the mediator s obtaining such advice and assume the expenses of obtaining it Arrangements for obtaining such advice shall be made by the mediator or by the parties The mediator is authorized to end the mediation whenever in the judgment of the mediator further efforts at mediation would not contribute to a resolution of the dispute between the parties see Rule13 a 2 Adopted effective August 1 1992 amended effective June 26 2002 Comment to Amendment Effective June 26 2002 The amendment added the phrase to communicate offers between the parties as the parties authorize to the second sentence to emphasize that the parties control what offers are shared with another party and when those offers are shared A mediator may in private session suggest a possible solution however the mediator must have the consent of the party with whom the proposed solution is first shared in order to communicate this proposed solution to the other party Nothing in this section would prohibit the parties from mutually requesting a mediator to propose a solution to the dispute or an amount to settle a dispute Indeed the revision is not intended to reduce a mediator s role in helping parties in joint or private sessions to find creative solutions The fourth sentence was revised to remove the phrase as the mediator shall determine because the mediator does not have the power to compel any party to pay the costs of obtaining experts RULE 10 PRIVACY Mediation sessions are private An alleged victim of domestic or family violence may have in attendance at mediation a supportive person of his or her choice In all other cases persons other than the parties and their representative may attend mediation sessions only with the permission of the parties and with the consent of the mediator Adopted effective August 1 1992 amended effective June 26 2002 Comment to Amendment Effective June 26 2002 The second sentence has been added to comply with 6 6 20 f 3 Ala Code 1975 This permits a person who is the alleged victim of abuse to bring a person in addition to the party s attorney with him or her to the mediation irrespective of whether the accompanying person is an attorney without receiving permission from the mediator or other party The changes to the last sentence simplified the language of the original Rule in an attempt to make clear who could attend and under what circumstances RULE 11 CONFIDENTIALITY a All information disclosed in the course of a mediation including oral documentary or electronic information shall be deemed confidential and shall not be divulged by anyone in attendance at the mediation except as permitted under this Rule or by statute The term information disclosed in the course of a mediation shall include but not be limited to 1 view expressed or suggestions made by another party with respect to a possible settlement of the dispute 2 admissions made by another party in the course of the mediation proceedings 3 proposals made or views expressed by the mediator 4 the fact that another party had or had not indicated a willingness to accept a proposal for settlement made by the mediator and 5 all records reports or other documents received by a mediator while serving as mediator b The following are exceptions to the general rule stated in Rule 11 a 1 A mediator or a party to a mediation may disclose information otherwise prohibited from disclosure under this section when the mediator and the parties to the mediation all agree to the disclosure 2 Information otherwise admissible or subject to discovery does not become inadmissible or protected from discovery solely by reason of its use in mediation 3 The confidentiality provisions of this Rule shall not apply i to a communication made during a mediation that constitutes a threat to cause physical injury or unlawful property damage ii to a party or mediator who uses or attempts to use the mediation to plan or to commit a crime or iii to the extent necessary if a party to the mediation files a claim or complaint against a mediator or mediation program alleging professional misconduct by the mediator arising from the mediation c Except as provided in Rule 11 b above a court shall neither inquire into nor receive information about the positions of the parties taken in mediation proceedings the facts elicited or presented in mediation proceedings or the cause or responsibility for termination or failure of the mediation process d A mediator shall not be compelled in any adversary proceeding or judicial forum including but not limited to a hearing on sanctions brought by one party against another party to divulge the contents of documents received viewed or drafted during mediation or the fact that such documents exist nor shall the mediator be otherwise compelled to testify in regard to statements made actions taken or positions stated by a party during the mediation Adopted effective August 1 1992 amended effective June 26 2002 September 15 2003 Comment to Amendment Effective June 26 2002 Confidentiality is the backbone of mediation The freedom to discuss issues privately with a mediator and in joint session with another party without fear of disclosure outside the mediation allows parties to safely explore potential alternative solutions to the dispute Rule 11 is also designed to protect the mediator from later becoming embroiled in the parties dispute by being called as a witness in later proceedings between the parties Several changes were made in Rule 11 to help clarify the intent of the Rule and to provide some exceptions to better facilitate the intentions of parties and to conform to public policy norms First Rule 11 b 1 was added to permit disclosure when the parties to the mediation and the mediator all agree that disclosure is appropriate Second the use of information during a mediation was never intended to shield that information form future discovery during litigation if that information was otherwise subject to discovery Paragraph 11 b 2 was added to explicitly so state The exceptions in Rule11 b 3 are consistent with confidentiality provisions in other states and similar to the requirements of the Alabama Rules of Professional Conduct for lawyers Rule 11 is not intended to shield a party or a mediator from threats to cause injury to a person or to the property of another nor to shield evidence of an intent to commit a crime Mediators may wish to advise parties to a mediation about this Rule before beginning a mediation The exception in Rule 11 b 3 iii also is similar to provision in other states In

    Original URL path: http://alabamaadr.org/web/CourtADR/Court_Civil.php (2016-02-13)
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  • AADRC :: Mediator Standards :: Mediator Ethical Opinions
    with prejudice the Commission fmds questions 1 and 2 moot The Plan III states among other things as follows A party is deemed to appear at a mediation session if the following persons are physically present or if so authorized by the judge are reasonably available to authorize settlement during the mediation 1 the party or its representative including counsel if such representative including counsel has full authority to settle without further consultation or 2 a representative of the insurance carrier for any insured party who is not such carrier s outside counsel and who has full authority to settle up to the amount of the plaintiffs last demand or policy limits whichever is less without further consultation Willful failure of a party to attend or participate in the mediation should be reported to the court emphasis supplied Discussions during mediation are confidential The judge does not rule on disputes arising in the course of mediation and the mediation proceedings are not part ofthe record of the case The Plan and the court s order as you have described it must be considered against the background of Code Standards 2 6 a the Alabama Civil Court Mediation Rules 1 b and 11 Rule and Ala Code 6 6 20 c 1975 2005 Repl Vol Standard 2 states among other things A mediator shall observe all administrative policies procedural rules and statutes that apply to mediation Standard 6 a states A mediator shall preserve and maintain the confidentiality of all mediation proceedings except where required by statute or agreement to disclose information gathered during the mediation emphasis supplied The Mediation Rules apply to court ordered mediation and Rule 11 governs confidentiality of information disclosed in the course of mediation Section 6 6 20 c is part of the Alabama Mandatory Mediation Act and it and A R Civ P 37 allow a court to impose sanctions on a party that fails to mediate as required by the Act Confidentiality is the backbone of mediation Rule 11 comment The rule is designed to protect the confidentiality of information disclosed to the mediator during the mediation and includes information in position statements oral communications and documents However this rule is subject to the exceptions stated in Standard 2 and Rule 11 b Even in a hearing to impose sanctions the mediator cannot be compelled to disclose statements made and actions taken during mediation Rule 11 d The Code Standards the Rule and the Act address information They do not address conduct The California Court of Appeals recently considered a situation when an excess insurance carrier did not appear at appellate mediation as required by the appellate mediation rule Campagnone v Enjoyable Pools Spa Servo Repairs Inc 77 Cal Rptr 3d 551 163 CaL AppAth 566 CaL Ct App 2008 The court stated The failure to have all persons or representatives attend is conduct that a party but not a mediator may report to court as a basis for monetary sanctions Campagnone at 572

    Original URL path: http://alabamaadr.org/web/roster-documents/med_Ethical_Opinions.php (2016-02-13)
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