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  • Information for the Public :: Mediation
    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 Information for the Public Read our brochures Mediation Another Method For Resolving Disputes Mediación Otro Método para Resolver Altercación Read our brochure Parents are Forever Los Padres de Familia son Para Siempre Mediacion de Familia Mediation What is Mediation Mediation is a confidential informal process during which an impartial third party the mediator assists disputing parties in reaching a mutually acceptable agreement regarding their dispute The mediation session is intended to identify pertinent issues clarify any misunderstandings explore solutions and negotiate an agreement Read our brochures Mediation Another Method For Resolving Disputes for more information Mediación Otro Método para Resolver Altercación para más información What is Family Mediation Family and divorce mediation is a process where an impartial third person the mediator helps people negotiate with one another to resolve issues relating to parenting time and responsibilities child and spousal support divorce and the issues that arise after a divorce assets and liabilities Learn more about Family Mediation Read our brochures Parents are Forever Family Mediation Parenting Divorce and Post Divorce Issues for more information Los

    Original URL path: http://alabamaadr.org/web/publicinfo/Mediation/index.php (2016-02-13)
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  • Information for the Public :: General Mediation
    in Spanish Mediación Otro Método para Resolver Altercación para más información Information for the Public Mediation Another Method for Resolving Disputes What is Mediation Mediation is an informal process during which an impartial third party the mediator assists disputing parties in reaching a mutually acceptable agreement regarding their dispute The mediation session is intended to identify pertinent issues clarify any misunderstandings explore solutions and negotiate an agreement What is the Mediator s Role The mediator is not a judge and does not render a decision or impose a solution on any party Rather the mediator helps those involved in the dispute talk to each other thereby allowing them to resolve the dispute themselves The mediator manages the mediation session and remains impartial How does Mediation Work At the mediation session all parties present a summary of their points of view Attorneys for the parties may be present Typically the mediator will then meet privately caucus with each party to explore more fully the facts and issues of each side The caucus offers participants the opportunity to vent anger or frustrations outside the presence of the opposing side The mediator usually will continue to caucus alternatively with each party carrying settlement proposals back and forth until an agreement is reached The agreement is then reduced to writing and signed by the parties How Long does Mediation Take While the time required for mediation varies the mediation session commonly involves less than half a day Who Pays for the Mediation Expenses of the mediation are shared equally by the parties unless they agree otherwise Parties should know in advance what the mediator charges What are the Benefits of Mediation Parties keep control over the outcome of their own problem Disputes can be settled promptly A mediation session can be scheduled as soon

    Original URL path: http://alabamaadr.org/web/publicinfo/Mediation/mediation_general_more.php (2016-02-13)
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  • Information for the Public :: Family Mediation
    a minor child children SEARCH Find an eligible Family Mediator in Alabama The Family Mediation program is a collaboration between the Center and the Supreme Court of Alabama We have been expanding it since it started in December 2013 Our goal is to help families with children and incomes under 75 000 fashion a parenting plan specific to their family to give to the judge The plan includes parenting time responsibilities support and other items the family may want The Center pays mediators with the special designation divorce domestic relations signifying 40 hours of specialized training Mediators are also asked to give a small amount of pro bono time The program has proved successful From December 2013 2015 we mediated 179 cases of which 143 have arrived at agreements 16 are in progress We are proud to have assisted 262 children and their parents work through a difficult time Our program was highlighted in the December 2014 issue of Alabama Lawyer This program is making a difference for Alabama families Is your county participating As of December 2015 COUNTIES PARTICIPATING THAT HAVE SENT CASES 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 St Clair Tuscaloosa Walker Wilcox COUNTIES PARTICIPATING BUT NO CASES SENT Baldwin Blount Calhoun Chambers Cleburne Randolph SEARCH THE COUNTY MAP Find an eligible Family Mediator in Alabama For more information on our Family Mediation Program contact the Center What is Family Mediation Family mediation is a process where an impartial third person the mediator helps people negotiate with one another to resolve issues relating to parenting divorce or issues that arise after a divorce The mediator can Help parties discuss parenting time and responsibilities Facilitate discussion of assets and liabilities including property and businesses and spousal support if any Allow each party the opportunity to communicate his or her concerns to the other party Encourage the parties to explore alternative ways to resolve problems Help parties negotiate an agreement satisfying to both Encourage parents to use problem solving skills in the future to address issues and deal with conflict Why use Mediation for Parenting Divorce and Post Divorce Issues Mediation has many advantages that litigation does not have In mediation parties keep control over the outcome and solutions They are familiar with issues unique to their family Parents are able to focus on the needs of their children Mediation is confidential and private Disputes can be settled promptly Mediation can be scheduled as soon as both parties agree to use mediation even before legal papers are filed Parties are able to reduce the emotional trauma for the family that divorce litigation can produce Settlement in mediation is entirely voluntary While the courts may order you to try mediation either party or the mediator may end mediation at any time Mediation costs are usually significantly less than trial costs Parties are more likely to comply with voluntary agreements

    Original URL path: http://alabamaadr.org/web/publicinfo/FamilyMediation/index.php (2016-02-13)
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  • Dealing with mortgage foreclosure?
    grant funds have been secured The Center will pay for the cost of wrapping up all open cases there are over 90 cases open We hope to resume new medations this spring BACKGROUND In 2013 ACDR received a grant from the Attorney General s Office to establish a foreclosure prevention mortgage modification mediation program The program allows specially trained mediators to assist Alabama citizens with foreclosure and mortgage problems by mediating between the homeowner and the mortgage holder The ACDR will pay for most of the cost of the mediators to mediate homeownership issues allowing homeowners to resolve their problems at no or low cost WHAT IS MORTGAGE MODIFICATION MEDIATION This type of mediation is a confidential and voluntary process where you and the servicer may discuss ways to resolve your homeowner issues with an impartial third party called a mediator Mediation can be an effective intervention tool particularly when used early HOW DO HOMEOWNER S KNOW THEY WANT TO MEDIATE Of course the ideal situation is for the homeowner and the servicer to communicate on their own but we all know that talking to a servicer can be intimidating overwhelming or confusing When communication is difficult or has broken down this is a time to use mediation WHEN TO MEDIATE Mediation can occur any time really but the best time is pre foreclosure within the first 90 days after the first missed payment As of January 14th 2014 we have new national servicing guidelines setting forth timelines in which both the homeowner borrower and the servicer must act Whether you have a housing counselor a lawyer or are on your own you can ask your servicer the person who is receiving your mortgage payments to participate in mediation Most servicers are incentivize to participate in these types of programs You may then call the Center and request a list of approved mediators You then contact the mediator that you and the servicer have selected and schedule a time for a mediation If you are post foreclosure in the circuit court or appellate court you may request mortgage modification mediation You may also request mediation in bankruptcy court as well Learn more by downloading our new brochure Free Mediation to Prevent Foreclosure Brochure How does this Mediation Program work If a homeowner is in imminent threat or has missed a mortgage payment then they need to act fast Early intervention provides the most opportunity with the most options 1 FIND A HOUSING COUNSELOR To get started a homeowner may handle this on their own but if they want help they should find a lawyer or contact a HUD approved housing counselor to assist them You can go to makinghomeaffordable gov to locate an approved housing counselor in your area Department of Treasury HUD www makinghomeaffordable gov 888 995 HOPE 4673 Open 24 7 2 FIND A FORECLOSURE PREVENTION MEDIATOR Whether you have a housing counselor or a lawyer or on your own you can ask your servicer the company or

    Original URL path: http://alabamaadr.org/web/publicinfo/Foreclosure/index.php (2016-02-13)
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  • Need legal help? Dealing with foreclosure?
    accurate responses from the servicer These are times when the homeowner should take advantage of this free program and set a mediation When is the best time to call a mediator If you are on a rocky road because of a loss of a job health issue divorce or other change in circumstances the sooner the better As a result of the housing crisis the federal government passed Making Home Affordable legislation which includes various homeowner assistance programs for the purpose of loss mitigation These programs like HAMP Home Affordable Modification Program will expire at the end of 2015 so now is the time to see if your mortgage is eligible to be modified under one of these government programs or internal programs with your servicer The sooner you act the more available options are available to you What if a homeowner s house is already set for foreclosure The sooner you act the better Mediation can occur any time really Pre foreclosure or in the middle of a court proceeding whether in the circuit court appellate court or bankruptcy On January 14 2014 new servicing guidelines came out as a result of the major problems that were going on across the country with respect to foreclosures An important part of these new guidelines is setting forth time lines in which both the homeowner borrower and the servicer must act So if the foreclosure sale is more than 37 days away then the servicers must look at your application for a mortgage modification However if it is less than 37 days and more than 15 days then the rules say the servicer may review your application but don t have to And if the sale is less than 15 days away then they do not have to review it At this point the homeowner should have consulted with an attorney What if the homeowner is not in foreclosure yet This is a great window of opportunity to set a mediation Between 31 48 days of your first missed payment the homeowner should receive a First Loss Mitigation Letter The homeowner should not ignore phone calls to let the servicer know what is going on And most importantly after about a month after that missed payment the borrower should open the mail and read this Borrower Assistance package to see what is available to him This is a time for mediation Another big milestone is 45 days after the first missed payment The servicer will send an Acceleration Letter Again another great time to ask for mediation The big number to watch is 120 days from the first missed payment because after this the matter can be referred to foreclosure This is important Under the new rules if you miss a payment then your case cannot be sent to foreclosure but on the 121st day it can And homeowners must also be careful about paying part of the mortgage payment They need to check to see if that counts for stopping

    Original URL path: http://alabamaadr.org/web/publicinfo/Foreclosure/foreclosure-faq.php (2016-02-13)
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  • Information for the Public :: Arbitration
    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 Information for the Public Abritration What is an Arbitration Agreement Arbitration agreements which are often found in pre printed consumer contracts require that the parties to the contract resolve disputes that arise in binding arbitration rather than in court before a judge and or jury What is Binding Arbitration Binding arbitration involves the submission of a dispute to a neutralparty who renders a decision following a hearing Arbitration takes the place of a trial before a judge or jury Because the arbitration is binding grounds for appealing or setting aside the arbitration decision are very limited and may frequently not be available at all If a person signs a contract containing a mandatory binding arbitration agreement he or she gives up the right to go to court to have his or her claim resolved Read our brochure Arbitration Agreements for more information Acuerdos de Arbitraje para más información Find an Arbitrator Our state roster contains the names

    Original URL path: http://alabamaadr.org/web/publicinfo/Arbitration/index.php (2016-02-13)
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  • Information for the Public :: Arbitration
    of a dispute to a neutral party who renders a decision following a hearing Arbitration takes the place of a trial before a judge or jury Because the arbitration is binding grounds for appealing or setting aside the arbitration decision are very limited and may frequently not be available at all If a person signs a contract containing a mandatory binding arbitration agreement he or she gives up the right to go to court to have his or her claim resolved When are consumers most likely to encounter arbitration agreements Arbitration agreements are frequently found in pre printed consumer contracts with banks credit card companies financial service providers and brokers home builders insurance companies communications providers automobile and mobile home dealers and manufacturers of various products The arbitration clauses in these pre printed contract forms are almost always mandatory which means if the consumer signs the contract he or she must go to arbitration to resolve disputes and cannot go to court Such arbitration agreements will probably be enforceable regardless of whether the consumer actually reads the agreement and regardless of whether the consumer actually knows the contract contains such an arbitration agreement How much does it cost the consumer to go to arbitration The costs of arbitration include filing fees and the arbitrator s charge Filing fees for an arbitration are frequently higher than the fees to file a case in court and can vary depending on the amount of the claim Arbitrators usually charge an hourly or daily fee with the amount of the fee varying depending upon the nature of the issues and the experience of the arbitrator Because the parties in a court case are not required to pay for the services of the judge or jury the requirement of paying the decision maker applies only in arbitration Arbitrators usually have the discretion to assess the costs of the arbitration against the losing party or to distribute the costs between the parties What can the consumer expect at an arbitration An arbitration hearing is less formal and usually shorter than a trial The parties present their version of the facts through evidence using witnesses and documents in a way that is similar to a trial but without some of the evidentiary and other rules and procedures that are used in court After considering the evidence the arbitrator makes a decision The decision may be announced immediately but usually is made within 30 days What if the consumer can t buy a product without signing an arbitration agreement Sometimes it is difficult for a consumer to purchase new products such as mobile homes and automobiles unless he or she is willing to sign an arbitration agreement If the consumer is not willing to sign a predispute arbitration agreement the consumer should request that the arbitration clause be stricken If the merchant is not willing to remove the arbitration agreement from the contract the consumer may consider other avenues for purchasing the product There may be other dealers

    Original URL path: http://alabamaadr.org/web/publicinfo/Arbitration/arbitration_agreements_more.php (2016-02-13)
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  • Information for the Public :: Private Judging
    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 Information for the Public Private Judging What is Private Judging Alabama Private Judge Act Act 2012 266 authorized the appointment of former or retired judges to serve as private judges in certain district and circuit

    Original URL path: http://alabamaadr.org/web/publicinfo/PrivateJudging/index.php (2016-02-13)
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