Alabama Act 2008-387

Alabama Mediator Confidentiality Act

Section (a)  For the purposes of this act, the following words shall have the following meanings:

(1)  MEDIATION. A process in which a mediator acts to encourage and facilitate the resolution of a dispute without imposing a settlement.

(2)  MEDIATOR. A neutral third party conducting a mediation, including any co-mediators, employees, agents, or independent contractors of the mediator or co-mediator, and any person attending or observing the mediation for purposes of training.

Section (b)  The Legislature finds that it is desirable to encourage public confidence in the use of alternative methods of dispute resolution by preventing a mediator from being compelled to testify or produce documents about a mediation.

Section (c). Except as otherwise permitted by the Alabama Civil Court Mediation Rules, 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.

 

 

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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

The Alabama Private Judge Act authorized the appointment of former or retired judges to serve as private judges in certain district and circuit court cases. - More -

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.

GET IN TOUCH

Alabama Center for Dispute Resolution
PO Box 5042, Montgomery, Alabama 36103-5042
Email:
Phone: (334) 269-0409

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