Alabama Mandatory Mediation Act

Division 2. Mandatory Mediation Prior To Trial.

Effective Date. -- The act which added this division became effective May 17, 1996.

§6-6-20. Definition; instances requiring mediation; sanctions; exceptions; etc.

(a) For purposes of this section, "mediation" means a process in which a neutral third party assists the parties to a civil action in reaching their own settlement but does not have the authority to force the parties to accept a binding decision.

(b) Mediation is mandatory for all parties in the following instances:

(1) At any time where all parties agree.

(2) Upon motion by any party. The party asking for mediation shall pay the costs of mediation, except attorney fees, unless otherwise agreed.

(3) In the event no party requests mediation, the trial court may, on its own motion, order mediation. The trial court may allocate the costs of mediation, except attorney fees, among the parties.

(c) If any party fails to mediate as required by this section, the court may apply such sanctions as it deems appropriate pursuant to Rule 37 of the Alabama Rules of Civil Procedure.

(d) A court shall not order parties into mediation for resolution of the issues in a petition for an order for protection pursuant to The Protection from Abuse Act, Sections 30-5-1 through 30-5-10 or in any other petition for an order for protection where domestic violence is alleged.

(e) In a proceeding concerning the custody or visitation of a child, if an order for protection is in effect or if the court finds that domestic violence has occurred, the court shall not order mediation.

(f) A mediator who receives a referral or order from a court to conduct mediation shall screen for the occurrence of domestic or family violence between the parties. Where evidence of domestic violence exists mediation shall occur only if:

(1) Mediation is requested by the victim of the alleged domestic or family violence;

(2) Mediation is provided by a certified mediator who is trained in domestic and family violence in a specialized manner that protects the safety of the victim; and

(3) The victim is permitted to have in attendance at mediation a supporting person of his or her choice, including but not limited to an attorney or advocate.

(g) Where a claim of immunity is offered as a defense, the court shall dispose of the immunity issue before any mediation is conducted.

(h) A court shall not order parties into mediation in any action involving child support, adult protective services or child protective services wherein the Department of Human Resources is a party to said action. (Acts 1996, No.96-515,1.)

Effective Date. -- The act which added this section became effective May 17,1996

 

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Alabama Executive Orders

  • Executive Order 7, Expansion of the Workplace Mediation Pilot Program, March 20, 2003
  • Executive Order 50, State Agency ADR Task Force Appointed: Executive Order 50, September 16, 1998
  • Executive Order 42, Alabama Government Agencies Encouraged to Use Mediation, March 18, 1998

 


 

Private Judges

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Arbitrators

Arbitration agreements, are often found in pre-printed consumer contracts. They require parties to the contract to resolve disputes in binding arbitration, rather than in court before a judge and/or jury. - More -

Mediators

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.

  • General Mediation offers a path to resolving many disputes. - More -
  • Family Mediation offers free divorce and family mediation for parenting, divorce and post-divorce issues. - More -
  • Forclosure Prevention and Mortgage Modification Mediation offers specially-trained mediators to assist Alabama citizens with foreclosure and mortgage problems by mediating between the homeowner and the mortgage holder. - More -

 


 


WHO WE ARE

Alabama CDR is the state office of dispute resolution. At the Center, we work with the courts, the Alabama State Bar, state agencies, schools, community mediation initiatives, and businesses to promote early and peaceful resolution of disputes. We are the administrative arm of the Alabama Supreme Court Commission on Dispute Resolution.

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PO Box 5042, Montgomery, Alabama 36103-5042
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