McInerney Law attorneys are also trained and experienced mediators, registered with the Alabama Center for Dispute Resolution. We strive to assist disputing parties in reaching a mutually acceptable agreement resolving their dispute. We actively work to identify pertinent issues, clarify any misunderstandings, explore solutions, and negotiate an agreement.

What Is Mediation?

In Alabama, (Ala. Code § 6-6-20 1975), mediation is a process where a registered and trained neutral individual helps two people resolve their differences out of court in order to reach an agreement. In some situations, the parties may be ordered by a court to attempt mediation prior to going to trial. However, in many instances, mediation is merely one option for resolving a dispute.

Here are some things to expect at a mediation:

• A neutral mediator will preside over the process and control the flow of negotiation.

• Mediators may be attorneys or retired judges in many instances, but when acting as a mediator, they do not represent either party or have the power to make decisions or rulings the way a judge can.

• Mediators may make recommendations, but these are merely suggestions to guide negotiations.

• The discussions and information negotiated in a mediation are not admissible in a trial in the event mediation fails.

• The mediator will likely go back and forth between two rooms, talking to each side separately and confidentially. However, sometimes a mediator will begin with both parties in the room together.

• The parties are allowed to have attorneys present and may be represented. However, unrepresented parties can also mediate.

• There is no jury, judge, or court reporter present to record the event. It is informal, but it can be intimidating if you are unprepared.

When Mediation Works

When the mediation succeeds, the parties or their attorneys will draft an agreement that settles the matter and creates certainty about the outcome of the dispute. In circuit or probate court, this may mean working out lots of minor details and putting them on paper to sign. Once all the parties have signed the agreement, it can be presented to a judge to review and sign. Once the judge signs off, an order is generated, which creates the final decision on the matter. At that point, the order is a binding legal document that must be followed.

When Mediation Fails

While mediation is a wonderful alternative to litigation, it is not always possible to agree. Some disputes are simply too contentious and too emotionally charged to resolve through negotiations. In those situations, the parties must take the matter to trial and allow the court to decide their fate. McInerney Law can guide you through all steps of this process.