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  • Alabama ADR News » Monday, August 3rd, 2009
    2013 2 May 2013 5 April 2013 3 February 2013 2 January 2013 3 December 2012 1 November 2012 5 October 2012 2 September 2012 1 August 2012 1 July 2012 1 June 2012 3 May 2012 2 March 2012 2 January 2012 2 December 2011 2 November 2011 3 October 2011 4 August 2011 4 July 2011 3 June 2011 2 March 2011 7 December 2010 5 August 2010 5 April 2010 2 March 2010 1 February 2010 2 December 2009 3 October 2009 1 September 2009 1 August 2009 2 July 2009 2 April 2009 1 February 2009 1 October 2008 1 September 2008 1 Just Resolutions eNews The Just Resolutions newsletter is worth a good read It is published monthly by the Section of Dispute Resolution of the American Bar Association Read the July issue here http www abanet org dispute enews assets Web July2009 html Tags Arbitration Mediation Restorative Justice Category ADR Posted on August 3rd 2009 Find by Tag Alabama Roster Applications Appellate Appellate Mediation Arbitration Awards case management Conflict Resolution Elder Environmental Conflict Resolution Ethics experiences Facebook Family Courts Family Mediation Foreclosure Mediation hearing Mediation Mediation Week Negotiation Peer Mediation Private Judging Pro Bono

    Original URL path: http://alabamaadr.org/blog/2009/08/03/ (2016-02-13)
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  • Alabama ADR News » Strategic Mediator
    2009 1 October 2008 1 September 2008 1 Prevailing at an Arbitration Hearing 2009 Pro Bono Mediator Award The Strategic Mediator The Strategic Mediator is a blog from Upchurch Watson White and Max Mediation Group that I would recommend mediators take a look at I received the following message from John Upchurch recently and after a good read immediately added this link to the BlogRoll Links on the right July 2009 To Judith Keegan Alabama Center for Dispute Resolution While things lightened up a bit during the vacation season we had a number of interesting discussions on our firm s blog The Strategic Mediator Here is a sampling As difficult as litigation can be for a business imagine what a Doomsday Machine it can be for a family business Is it overkill to incorporate a PowerPoint presentation in your opening remarks in mediation And from the UWWM kitchen our recipe for mediation success Here are a few favorite book titles that we recommend touching on the mediation process and how to prepare your case and client for mediation Is the mediator a good friend The IAM conference in NY teaches us how to handle that level of familiarity in a professional manner Although few and far between some attorneys are hostile to the concept of mediation Here are a few of the techniques my colleagues have encountered from those passive aggressive practioners Governmental entities can and should examine the out of pocket very real expenses associated with litigation to determine whether this typically unpredictable expense can be limited and controlled If you are still leery of the web and its social networking capacity we provide you with the following must do social networking steps you can take to dip your toe into these uncharted waters All of the mediators at

    Original URL path: http://alabamaadr.org/blog/2009/07/the-strategic-mediator/ (2016-02-13)
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  • Alabama ADR News » 2009 Pro Bono Mediator Award
    July 2009 2 April 2009 1 February 2009 1 October 2008 1 September 2008 1 The Strategic Mediator Convening Whole of Community 2009 Pro Bono Mediator Award Charles Booth 2009 Winner of Pro Bono Mediators Award This year Charles H Booth Jr Esq of Birmingham won the Pro Bono Mediator Award at the Bar s Annual Meeting in Point Clear The Volunteer Lawyers Program selects the winner from a list of mediators who conducted mediations at no cost or reduced cost to the parties The list is compiled by the Alabama Center for Dispute Resolution from annual surveys provided by mediators on the Alabama State Court Mediator Roster Previous winners are Louis Colley of Prattville 2007 and Doug Key of Birmingham 2008 Mr Booth has worked with the Jefferson County District Court Mediation Program for five years and has served as coordinator of this project for three years He helps pro se parties at the District Court to settle their disputes He also serves as a mediator for the Better Business Bureau and the Cumberland Community Mediation Center volunteering to judge their student negotiation teams In 2008 Booth mediated over 35 cases pro bono These cases were both through the Jefferson County District Court Mediation program and for the Better Business Bureau A graduate of Cumberland Law School Mr Booth has extensive and diverse business experience as a chief executive officer corporate counsel and general counsel He is a trained mediator and arbitrator and is a member of the American Arbitration Association mediator and arbitrator panels the Alabama appellate court panel and the state court panel His solo practice is focused on providing services as an arbitrator or mediator and on client representation in ADR processes His primary areas of interest are commercial contract construction complex corporate financial estate health

    Original URL path: http://alabamaadr.org/blog/2009/07/2009-pro-bono-mediator-award/ (2016-02-13)
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  • Alabama ADR News » Charles Booth, 2009 Winner of Pro Bono Mediators Award
    2 January 2013 3 December 2012 1 November 2012 5 October 2012 2 September 2012 1 August 2012 1 July 2012 1 June 2012 3 May 2012 2 March 2012 2 January 2012 2 December 2011 2 November 2011 3 October 2011 4 August 2011 4 July 2011 3 June 2011 2 March 2011 7 December 2010 5 August 2010 5 April 2010 2 March 2010 1 February 2010 2 December 2009 3 October 2009 1 September 2009 1 August 2009 2 July 2009 2 April 2009 1 February 2009 1 October 2008 1 September 2008 1 2009 Pro Bono Mediator Award Charles Booth 2009 Winner of Pro Bono Mediators Award Charles Booth Esq Birmingham won the Pro Bono Mediator Award at Bar s Annual Meeting July 2009 Category Posted on August 19th 2009 Leave a Reply Cancel Name required Mail will not be published required Website You can use these HTML tags a href title abbr title acronym title b blockquote cite cite code del datetime em i q cite s strike strong Find by Tag Alabama Roster Applications Appellate Appellate Mediation Arbitration Awards case management Conflict Resolution Elder Environmental Conflict Resolution Ethics experiences Facebook Family Courts Family Mediation

    Original URL path: http://alabamaadr.org/blog/2009/07/2009-pro-bono-mediator-award/booth-charles-0908-probonoaward-2/ (2016-02-13)
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  • Alabama ADR News » Wednesday, July 22nd, 2009
    July 2012 1 June 2012 3 May 2012 2 March 2012 2 January 2012 2 December 2011 2 November 2011 3 October 2011 4 August 2011 4 July 2011 3 June 2011 2 March 2011 7 December 2010 5 August 2010 5 April 2010 2 March 2010 1 February 2010 2 December 2009 3 October 2009 1 September 2009 1 August 2009 2 July 2009 2 April 2009 1 February 2009 1 October 2008 1 September 2008 1 2009 Pro Bono Mediator Award Charles Booth 2009 Winner of Pro Bono Mediators Award This year Charles H Booth Jr Esq of Birmingham won the Pro Bono Mediator Award at the Bar s Annual Meeting in Point Clear The Volunteer Lawyers Program selects the winner from a list of mediators who conducted mediations at no cost or reduced cost to the parties The list is compiled by the Alabama Center for Dispute Resolution from annual surveys provided by mediators on the Alabama State Court Mediator Roster Previous winners are Louis Colley of Prattville 2007 and Doug Key of Birmingham 2008 Mr Booth has worked with the Jefferson County District Court Mediation Program for five years and has served as coordinator of this project for three years He helps pro se parties at the District Court to settle their disputes He also serves as a mediator for the Better Business Bureau and the Cumberland Community Mediation Center volunteering to judge their student negotiation teams In 2008 Booth mediated over 35 cases pro bono These cases were both through the Jefferson County District Court Mediation program and for the Better Business Bureau Continue reading 2009 Pro Bono Mediator Award Tags Awards Mediation Pro Bono Category ADR Events Mediation Posted on July 22nd 2009 Find by Tag Alabama Roster Applications Appellate Appellate Mediation Arbitration Awards

    Original URL path: http://alabamaadr.org/blog/2009/07/22/ (2016-02-13)
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  • Alabama ADR News » Thursday, July 30th, 2009
    3 February 2013 2 January 2013 3 December 2012 1 November 2012 5 October 2012 2 September 2012 1 August 2012 1 July 2012 1 June 2012 3 May 2012 2 March 2012 2 January 2012 2 December 2011 2 November 2011 3 October 2011 4 August 2011 4 July 2011 3 June 2011 2 March 2011 7 December 2010 5 August 2010 5 April 2010 2 March 2010 1 February 2010 2 December 2009 3 October 2009 1 September 2009 1 August 2009 2 July 2009 2 April 2009 1 February 2009 1 October 2008 1 September 2008 1 The Strategic Mediator The Strategic Mediator is a blog from Upchurch Watson White and Max Mediation Group that I would recommend mediators take a look at I received the following message from John Upchurch recently and after a good read immediately added this link to the BlogRoll Links on the right Continue reading The Strategic Mediator Tags experiences Mediation Category ADR Mediation Posted on July 30th 2009 Find by Tag Alabama Roster Applications Appellate Appellate Mediation Arbitration Awards case management Conflict Resolution Elder Environmental Conflict Resolution Ethics experiences Facebook Family Courts Family Mediation Foreclosure Mediation hearing Mediation Mediation Week Negotiation

    Original URL path: http://alabamaadr.org/blog/2009/07/30/ (2016-02-13)
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  • Alabama ADR News » Convening Whole of Community, ACR meeting - October 2009
    2014 2 October 2013 4 August 2013 2 May 2013 5 April 2013 3 February 2013 2 January 2013 3 December 2012 1 November 2012 5 October 2012 2 September 2012 1 August 2012 1 July 2012 1 June 2012 3 May 2012 2 March 2012 2 January 2012 2 December 2011 2 November 2011 3 October 2011 4 August 2011 4 July 2011 3 June 2011 2 March 2011 7 December 2010 5 August 2010 5 April 2010 2 March 2010 1 February 2010 2 December 2009 3 October 2009 1 September 2009 1 August 2009 2 July 2009 2 April 2009 1 February 2009 1 October 2008 1 September 2008 1 2009 Pro Bono Mediator Award Stories from Alabama Mediators Convening Whole of Community ACR meeting October 2009 Convening the Whole Community Logo The Association for Conflict Resolution will convene October 7 10 2009 at the Hilton Atlanta in Atlanta Georgia The theme Convening Whole of Community will focus on integrating approaches and practices to address conflicts in a chaotic world Wallace Warfield Wallace Warfield associate professor of Conflict Analysis at George Mason University s Institute for Conflict Analysis and Resolution ICAR and past president of the Society of Professionals in Dispute Resolution SPIDR will be the keynote speaker Warfield will speak on the topic of Responding to the Whole of Conflict in the 21st Century Challenging Conventional Identities For more information go to www acrnet org Tags Arbitration Mediation Category ADR Arbitration Events Mediation Posted on April 7th 2009 Comments are closed Find by Tag Alabama Roster Applications Appellate Appellate Mediation Arbitration Awards case management Conflict Resolution Elder Environmental Conflict Resolution Ethics experiences Facebook Family Courts Family Mediation Foreclosure Mediation hearing Mediation Mediation Week Negotiation Peer Mediation Private Judging Pro Bono Public Policy Dispute Resolution Restorative Justice

    Original URL path: http://alabamaadr.org/blog/2009/04/convening-whole-of-community/ (2016-02-13)
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  • Alabama ADR News » Stories from Alabama Mediators
    The case settled on those terms Juries can only award money mediation can explore other special needs of the parties especially when emotions run high I am reminded of a case brought for the death of a teenager The mother of the decedent was distraught and reluctant to enter the mediation During the course of mediation the tortfeasor another teenager express to the mother his sorrow and regret for the tragic results of his negligence There was an instant change in the mother s demeanor and she indicated that a terrible burden had been lifted from her shoulders The case was quickly settled and the money received by the mother funded a scholarship program for other students The mother wrote to the judge commending her for referring the case to mediation as the civilized way to resolve what once was hard feelings It is said that there are no winners in mediation not so in this case The dispute was between an owner of several manufacturing facilities and its contractor hired to conduct major overhaul It was not over the quality of work but other issues Parties reached resolution by agreeing that the contractor would conduct similar work at a second facility of owner with new control of the administration of the work and at a discounted price After a final offer This was a breach of contract case where the parties had been partners dissolved and later one contracted some work from the other who was not paid appropriately There was really bad blood on both sides After mediating all morning breaking for lunch and going into the afternoon I told the parties and their attorneys that I believed we were at an impasse However I said that if both sides wished to proceed with good faith negotiations I would continue At around 3 00 pm the plaintiff said I m going to make him a final offer take it or leave it I took the offer to the defendant who said I ll counter with my drop dead offer that s it The plaintiff considered the drop dead offer and said I ll make one final final offer The defendant liked it and said I ll make him my drop dead drop dead offer They reached settlement on the final final final offer modified by the drop dead and go to hell offer They left by separate doors Amazing Settlements Amazing Lawyers The plaintiff s opening demand was 5 million dollars The defendant s first response was 5 000 00 Amazingly we settled the case about 3 hours later for 400 000 00 I mediated a case several years ago that stands out What occurred would not have happened in a courtroom A truck belonging to a family owned company from Illinois hit a vehicle driven by a young pregnant woman in a county close to Mobile County The young woman received a serious permanent brain injury She soon thereafter delivered her child who also had a brain injury of a degree that was not yet fully known The accident was caused by an act of carelessness but not wantonness The trucking company did not have insurance coverage for the accident due to an oversight in the procurement of coverage following a change in insurers The company was successful and profitable but relatively small The plaintiffs were represented by a highly successful prominent lawyer from Birmingham The defendant was represented by an equally successful and prominent lawyer in Mobile The company was owned and run by a man in his late sixties who had formed the company and watched it gradually expand and prosper His son was in line to take over the operation of the company from him in the near future The parties came to my office to attempt to resolve the case I remember vividly however how stricken the devastated family of the young woman was as were the owner of the company and his son Before the mediation the company made all of its financial records available to the plaintiffs and the plaintiffs accountant There were no secrets There were a number of obstacles to compromise There was a tremendous resentment on the part of the family who had substantial medical needs at the company s failure to obtain insurance There was of course terrible anxiety on the part of the company owner and his family about the future of their business The mediation lasted all day and into the evening One of the primary subjects of discussion was the amount that the company could afford to pay Hanging over the plaintiffs was the prospect of the company declaring bankruptcy The company had creditors and bankruptcy presented dangerous risks for the plaintiffs On the other hand the owner of the company was a proud conscientious man and considered bankruptcy a mark of failure and humiliation The owner also felt responsibility for both the accident and the absence of insurance The Lawyers for both parties were interested in one thing and one thing only doing their best to help their respective clients make the best out of an impossible situation The lawyers kept the conversation on a high plane which resulted in an atmosphere of relative goodwill The opening remarks of the lawyers were careful and restrained and from the beginning I sensed that what was happening was special Rather than attack the other side or in the case of the defendant trumpet the specter of bankruptcy the two seasoned lawyers talked at length about the concerns and point of view of the opposing party Late in the evening a deal was reached It was put in writing and signed by the parties Everyone was physically exhausted and emotionally drained As I was preparing to say goodbye to the departing parties the lawyer for the defendant told me that I had to keep everyone there the defendant had to talk to me I worried that the defendant had decided that he could not afford the

    Original URL path: http://alabamaadr.org/blog/2009/02/stories-from-alabama-mediators/ (2016-02-13)
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