Alabama Motion By Plaintiff to Refer Cause to Mediation

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Multi-State
Control #:
US-01006BG
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Word; 
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Description

Mediation is nothing more than a process by which parties in a dispute negotiate a settlement of their claims against each other through the assistance of a trained, neutral mediator. It is a non-adversarial process. Mediation is entirely voluntary and non-binding. The mediator has no power to render a decision nor force the parties to accept a settlement. The mediator generally does not give an opinion or render an award. Because it is voluntary and non-binding, it is attractive to parties who do not want to litigate, yet who cannot negotiate directly. It is considered to be non-threatening.

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FAQ

A mediator facilitates negotiations between parties to a civil action and assists the parties in trying to reach a settlement, but does not have the authority to impose a settlement upon the parties.

The provisions of Section 6-6-20(b) of the Code of Alabama currently provide: Mediation is mandatory for all parties in the following instances: At any time where all parties agree. Upon motion by any party.

Mediation may be appropriate when: Parties are having difficulties resolving the dispute because of lack of conflict resolution skills or because of resistance to confronting, or being confronted by, the other party.

You should follow these tips about what to avoid saying and doing to improve your chances of a successful mediation. Don't Be Disrespectful. ... Mediation is Not About Placing Blame. ... Don't Demand More Money. ... Don't Introduce Brand New Information. ... Don't Say, ?That's Confidential Information? ... Don't Make Ultimatums.

The provisions of Section 6-6-20(b) of the Code of Alabama currently provide: Mediation is mandatory for all parties in the following instances: At any time where all parties agree. Upon motion by any party.

Section 6-6-20, Ala. Code 1975, allows one party to require a court to order mediation of a dispute, irrespective of the position of any other party to the dispute.

(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.

Only at the time if recording his evidence his presence in court is compulsory.

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Alabama Motion By Plaintiff to Refer Cause to Mediation