Alabama Divorce Mediation

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Alabama Divorce Mediation Statutes

Mediation in this state is guided by a law named as "Mandatory Mediation Prior to Trial." As per the law of this state, mediation is compulsory in the following conditions -

  • Upon the discretion of the trial court
  • In case of a motion by either party (the party which demands mediation has to bear all the expenses of mediation, excluding the lawyer's fees, unless otherwise acceded)
  • When all parties agree

Alabama Divorce Mediation in case of Domestic Abuse

When there is possibility of domestic abuse, if a request for an order of protection is made, then mediation cannot be ordered to resolve the issues. However, after the issue of the protection order, mediation can be ordered by the Court in the following conditions -

  • At the mediation, the victim of domestic abuse has a support person present
  • The mediator is trained in domestic violence
  • The victim of domestic abuse makes a request for mediation

Payment for mediation

In case of a voluntary mediation, the partners accede with each other regarding who would pay for mediation. If one of the parties requests for compulsory mediation, then the requesting party has to make the payment. Sometimes the judge orders mediation and also directs who should make the payment. A majority of lawyers who are conversant with charging a retainer for divorce, display a greater possibility of charging a retainer for mediation also. Other professionals who offer mediation usually do not charge a retainer.

Requirements of a mediator

In the state of Alabama, presently, there is no restriction of which individual can play the role of a divorce mediator. However, such a person must have undergone a 40 hour training regimen to be eligible for court referred cases. This regimen must be approved by the Academy of Family Mediators. A roster of mediators in each region who have undergone the training is maintained by the Alabama Office of Dispute Resolution.

Mediator's Report

The mediator's report is called as Form 13. In this form, the Mediator enters the following data -

  • Case Number
  • Style
  • Dates on which mediation took place
  • Result of mediation. There are 4 options -
    • The parties have reached an agreement that sets out all claims and all issues
    • A partial agreement was reached. Regarding the remaining claims the appeals would continue
    • An deadlock regarding all issues
    • Other
  • Date of entering details in the report along with signature of mediator
  • Name, mailing address, telephone number, Email and Fax of mediator
  • Names of appellant, appellant's counsel, appellate and applebee's' counsel

Along with this report, there are filled evaluations of the parties, the lawyers and the mediator. The evaluations of the lawyers and the parties are sealed in envelopes. The appellate mediator files this report within 7 days after the mediation is over. This mediator then submits this form to the Appellate Mediation Office in Montgomery in this state.

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