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Visit our web site at alabamaadr.org.

FIRST 2016 MEDIATION TRAININGS

Divorce Domestic Relations, February 18-22, 2016, Birmingham
General Civil Mediation, March 3-5, 2016, Birmingham
Advanced Mediation, March 10, 2015, Montgomery (ASB)

For additional information call the Alabama Center for Dispute Resolution  334 269-0409

Update to Selected Mediation Cases on our Website now!

Alabama is developing a body of case law where an issue on appeal arises from a mediation. Comments following case summaries are the authors, not necessarily the holdings of the courts.

Disclaimer:  Case summaries are the product of the various editors’ analysis.  Please review the whole case and not just the summary if you intend to use it.

PDF File Format Things We Know About Mediation In Alabama From Cases That Have Ended Up In The Appellate Courts, October 2015 – This document highlights key issues and references cases in the digest.

PDF File Format Alabama Mediation Cases, October 2015 – A synopsis and analysis of cases of interest to Alabama Neutrals.

Mediators get to the heart of the matter faster, with less cost

OANow,com, Oct 15, 2015

Conflict in life is a given. The majority of the time we do not set out to hurt or 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.

Read more at http://alabamaadr.org/web/media/articles/151015_OANow_Mediators.php

Mediators see advantage in bypassing court action, Dothan, Alabama

Mediators see advantage in bypassing court action, Dothan Eagle, Oct 2015.

A mediator can provide a cost effective and quick way to resolve commercial and domestic disputes, including divorces. Holly Sawyer, a Dothan attorney, said a mediator is most commonly used in civil cases involving business disputes and divorce cases, along with family disputes such as child custody and child support.

Read the story at http://www.dothaneagle.com/news/local/mediators-see-advantage-in-bypassing-court-action/article_aca59f92-7137-11e5-82e3-4fd52166a71a.html.

Practical Tips from Top Mediators

Governor Robert Bentley signs proclamation for Mediation Week 2015, with attorneys Elyce Morris, Bill Coleman, Judy Keegan, and Hon. Scott Donaldson.

Governor Robert Bentley signs proclamation for Mediation Week 2015, with attorneys Elyce Morris, Bill Coleman, Judy Keegan, and Hon. Scott Donaldson.

Did you miss our webcast, Practical Tips from Top Mediators?

As part of the Mediation Week activities, the Dispute Resolution Section of the Alabama State Bar and the Alabama Center for Dispute Resolution sponsored a CLE webcast on October 13, 2015.

The webcast is over, but the presenters materials are available on our website at http://alabamaadr.org/web/CLE/pub_Webcast_Tips_for_Alabama_Mediators.php.

A Mediator is A Conflict Resolution Specialist Who Helps You Get to the Heart of the Matter

Judy Keegan

Judy Keegan, Executive Director

Celebrating Mediation Week, October 11-17, 2015

Article by: Judith M. Keegan, Esq., Executive Director, Alabama Center for Dispute Resolution

Conflict in life is a given. The majority of the time we do not set out to hurt or 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, negligence, divorce and family, elder care, employment, business, homeownership or rental, construction, contracts, personal or real property, small claims and other civil matters helps everyone get to the heart of the matter faster and with less cost. Most of us want and need that for our busy lives.

This fee is usually split by the persons involved and is most often significantly less costly than court. The Alabama State Court Mediator Roster at www.alabamamediator.org provides detailed profiles of trained mediators around the state, and the fee charged for mediation. The 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.

Read more articles on our website at alabamaadr.org/web/media/articles_index.php.

Practical Tips From Top Mediators – Live Webcast During Mediation Week 2015

The Dispute Resolution Section of the Alabama State Bar and the Alabama Center for Dispute Resolution are sponsoring a CLE webcast on October 13, 2015, from 1:00 p.m. – 4:00 p.m. that coincides with Mediation Week 2015.

During this program, you will hear from a panel of mediators around the state including Harold Stephens, Brad Wash, Allison Skinner, Ken Simon and Michael Upchurch, who will discuss practical tips to help make your next mediation or negotiation more successful. Sam Crosby will moderate the program.  The Center received a grant from the American Bar Association, Section of Dispute resolution to be able to offer this program at low cost to neutrals in the State.

Special rate for Roster and Dispute Resolution Section members: $20 (CLE Alabama list price: $229)

Whether you are an advocate or a mediator, you will want to get the inside knowledge and experience that these attorney-mediators have to offer. They have mediated every type of case you can imagine!

To register and receive your three (3) hours of CLE credit for $20, click here and use code ADRSPECIAL.

This program has been approved for three (3) hours of CLE credit.

11th Annual Civil Collaborative Law Conference

Featured Speakers: DIANN SEIGLE, Executive Director for Carolina Dispute Settlement Services and AIDA DOSS HAVEL, a “recovering litigator,” mediator, and collaborative law attorney

September 16-18. 2015

Dallas Bar Association

Belo Mansion
2101 Ross Avenue
Dallas, Texas 75201

September 16, 2015
TRAINING IN THE “BASICS OF COLLABORATIVE LAW”
6.75 hours of Texas CLE credit, of which 1.75 hours is ethics, approved

September 17-18, 2015
CIVIL COLLABORATIVE LAW CONFERENCE
14 hours of Texas CLE credit, of which 1.25 hours is ethics, approved

Brochure and registration form (pdf)

For further information:  http://www.collaborativelaw.us/events.php

 

News for Alabama Neutrals, 3rd Quarter Newsletter Online

The 2015 3rd Quarter newsletter has been sent to our email recipients list and is also available:

A movie with a mediation and an arbitration?

Woman in Gold

Woman in Gold

That would be Woman in Gold
Starring Helen Mirren and Ryan Reynolds.
The movie looks at a family portrait seized by Nazis, and a lawsuit to recover same.

http://www.imdb.com/title/tt2404425/

The artwork is now in the Neue Galerie in New York http://www.neuegalerie.org/exhibitions/39  in a special exhibit, Gustav Klimt and Adele Bloch-Bauer: The Woman in Gold. Although the exhibition is only on view through September 7, 2015 the painting Portrait of Adele Bloch-Bauer I by Gustav Klimt is on permanent view at the Neue Galerie.