Alternative Solutions
Mediation
The mediation process in Alabama is controlled by the Alabama Civil Court Mediation Rules and the Alabama Code of Ethics for Mediators. The Participants should read and familiarize themselves with those rules prior to the mediation. Mediation is a voluntary process. The Mediator does not make any binding decision. Any decision to enter an agreement is strictly a voluntary decision by the participants. Any party, or the Mediator, may decide to terminate the mediation at any time. Mediation is considered an “off the record” proceeding. The proceeding is not recorded and any recording is strictly prohibited. Although the Mediator may take notes, those notes are his/her personally and are only used by the Mediator during the mediation.
Role of the Mediator: The Mediator is an impartial, neutral intermediary, whose role is to assist the participants in reaching a settlement. The Mediator cannot impose a settlement but will assist in the participants achieving their own settlement. No professional-client or fiduciary relationship is created between the Mediator and any participant.
Arbitration
Arbitration, a form of alternative dispute resolution, is a way to resolve disputes outside the courts. The dispute will be decided by one or more persons, which renders the 'arbitration award'. An arbitration award is legally binding on both sides and enforceable in the courts. 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. Binding arbitration involves the submission 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. Since 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.
Role of Arbitrator: The arbitrator acts much like a judge. The arbitrator presides over the hearing and ultimately provides a ruling to the parties, just as a judge in court.
Private Judge
What is Private Judging? Private Judging is a process in Alabama that allows the parties to expedite their case to trial before a judge of their choice, while maintaining the legal and evidentiary standards of a court proceeding including the right to appeal.
Alabama's Private Judge Acts allow parties to hire certain qualified former judges to hear certain types of cases and make decisions, bypassing the court system to streamline the process.
Alabama Act 2012-266 authorized the appointment of former or retired judges to serve as private judges in certain district and circuit court cases; and to provide that a private judge would receive compensation for his or her service. It was enacted February 7, 2012 by the Legislature of Alabama.