District Court ADR
District Court Mediation In Alabama
Alabama is fortunate to have several district court mediation programs. The programs use volunteer mediators, both trained lawyers and citizens, to help litigating parties settle their cases.
Alabama District Court Mediation Coordinators (PDF file updated 2/2010)
District court mediation programs use trained mediators that are either attorneys or citizens volunteering at the court. One of the mediators will act as coordinator with that authority delegated and supported by the presiding judge. When the district small claims dockets are set for the month, the coordinator notifies mediators so they may select the day(s) they would like to be in court. Mediators then show up on the days they have selected.
At the docket call, the judge will explain mediation, introduce mediators, and inform parties that a mediator is available to help them discuss settlement options they want to consider with the other side. Some judges will have selected cases in advance, and will order them to mediation (especially if there is an admission, but the amount is not settled). Parties are asked to request mediation when their case is called.
Mediators try to make it a point to have special, quiet and safe places in the courthouse to take parties to mediation--that could be a conference room, jury room, or special room selected for mediation. The average mediation will take 30-45 minutes. Judgments affect credit ratings, and collection can be difficult. Mediation helps the parties with these problems. It will shorten the court’s docket. If parties don’t settle, they are still in line to have the judge hear the case that day.
Parties may request their district case to be specially set for mediation, and they will contact the mediator to have it scheduled. If the case is not a small claims case, it is perfectly acceptable for the mediator to charge the parties a reasonable fee. Parties just have to know that in advance, and how much they will pay.
District court programs rely on the presiding judge to support the coordinator’s efforts to improve mediator performance, and to learn best practices in small claims mediation. The judge will also want to review litigants’ satisfaction surveys from time to time in an effort to check for satisfaction and overall program effectiveness. (Surveys are provided as part of the materials for setting up a district court mediation program.) The judge should expect yearly reports from the coordinator on mediator and program performance, and should not keep unsatisfactory mediator on the roster. Volunteer mediators will need supplies and free parking someplace close to the court. Additionally, inviting mediators to a mediation update and lunch during the year goes a long way. The coordinator may be encouraged to write grants or seek local funding to assist the program.
Small claims mediation should be publicized in the community to promote its use. Most of the programs contact the local paper with an invitation to see for themselves.
Developing a District Court Mediation Program at Your Court.
The district court programs are easy to replicate because they use the same mediation forms and procedures statewide to mediate at small claims docket calls and for specially set mediation in cases from $3,000-$10,000.
Below is a list of forms and documents to use when a district court wants to have a small claims mediation program. All may be styled for the particular court. Mediator training information, coordinator selection, and additional assistance may be obtained from the director of the Center for Dispute Resolution at 334-269-0409. Contact us for additional information.
District Court Mediation Project Front Page- District Court Mediation Request for Mediation
- District Court Mediation Participant Agreement
- District Court Mediation Binding Agreement
- District Court Mediation Joint Motion to Continue
- District Court Mediator Report
- District Court Mediation Participant Evaluation Forms
Small Claims District Court Mediation Forms
- Small Claims Court Mediation Project Front Page
- Small Claims Court Request for Mediation
- Small Claims Court Participant Agreement
- Small Claims Court Binging Agreement
- Small Claims Court Joint Motion to Continue
- Small Claims Court Mediator Report
- Small Claims Court Participant Evaluation Forms