(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, p. 659, §1.)
Notes of Decisions
Ex Parte Morgan Cnty. Com'n, 6 So. 3d 1145 (Ala. 2008).
· cites it 6× “Code 1975, provides: *1147 "(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.”
Working v. Jefferson Cnty. Election Comm'n, 152 So. 3d 1230 (Ala. 2013).
· cites it 17× “The case was remanded for further proceedings consistent with Ala.Code 1975, § 6-6-20. “In its Order of Remand, the Supreme Court [held that the trial court did not have the discretion to deny the motion for arbitration and prematurely addressed the merits of the motion for…”
Waddell v. Colbert Cnty.-Nw. Alabama Healthcare Auth., 97 So. 3d 178 (Ala. Crim. App. 2012).
· cites it 4× “Code 1975; and (2) whether he presented substantial evidence in opposition to the hospital’s motion for a summary judgment indicating that there were genuine issues of material fact as to the hospital’s liability for his injuries.”
Eckles v. Fort Dearborn Life Ins. Co., 6 So. 3d 1145 (Ala. 2008).
· cites it 5× “Code 1975, provides: *1147 “(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.”
Daniels v. Daniels, 4 So. 3d 479 (Ala. Civ. App. 2007).
“The trial court subsequently ordered the parties to participate in mediation pursuant to § 6-6-20, Ala.Code 1975. On July 11, 2006, the parties entered into a settlement agreement; the agreement is transcribed in the record on appeal.”
Chen v. Russell Realty, LLC, 193 So. 3d 717 (Ala. 2015).
“Pursuant to Section 6-6-20, Code of Alabama 1975, the Court orders mediation in this case as follows: “2.”
Mackey v. Mackey, 799 So. 2d 203 (Ala. Civ. App. 2001).
· cites it 2× “Section 6-6-20, Ala.Code 1975, effective May 17, 1996, provides: “(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…”
— Ala. Code § 6-6-20(a) — 2 cases
— Ala. Code § 6-6-20(b) — 2 cases
Ex Parte Morgan Cnty. Com'n, 6 So. 3d 1145 (Ala. 2008).
“Code 1975, provides: *1147 "(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.”
— Ala. Code § 6-6-20(b)(2) — 4 cases
Ex Parte Morgan Cnty. Com'n, 6 So. 3d 1145 (Ala. 2008).
“Code 1975, provides: *1147 "(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.”
Eckles v. Fort Dearborn Life Ins. Co., 6 So. 3d 1145 (Ala. 2008).
“Code 1975, provides: *1147 “(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.”
Mackey v. Mackey, 799 So. 2d 203 (Ala. Civ. App. 2001).
“Section 6-6-20, Ala.Code 1975, effective May 17, 1996, provides: “(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…”
— Ala. Code § 6-6-20(b)(3) — 1 case
— Ala. Code § 6-6-20(g) — 2 cases
Working v. Jefferson Cnty. Election Comm'n, 152 So. 3d 1230 (Ala. 2013).
“The case was remanded for further proceedings consistent with Ala.Code 1975, § 6-6-20. “In its Order of Remand, the Supreme Court [held that the trial court did not have the discretion to deny the motion for arbitration and prematurely addressed the merits of the motion for…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.