Scope, Definition, Mediator's Role, General Principles, and Effective Date

As amended through June 27, 2024
Scope, Definition, Mediator's Role, General Principles, and Effective Date
(a) Scope. The Standards set out in this Code shall apply to:
(1) Mediation of cases pending in courts of the State of Alabama: and
(2) Mediation conducted by persons whose names are listed on the roster of mediators maintained by the Alabama Center for Dispute Resolution.
(b) Definition of Mediation. Mediation is a process whereby a neutral third party encourages and facilitates the resolution of a dispute without deciding what the resolution should be. It is an informal and non adversarial process whose objective is helping the disputing parties reach a mutually acceptable agreement.
(c) Mediator's Role. In mediation, decision-making authority rests with the disputing parties. The role of the mediator includes, but is not limited to, assisting the disputing parties in identifying issues, facilitating communication, focusing the disputing parties on their interests, maximizing the exploration of alternatives and helping the disputing parties reach voluntary agreements.
(d) General Principals. Mediation is based on communication, negotiation, facilitation, and the technique or method of solving problems. It emphasizes:
(1) The needs and interests of the disputing parties:
(2) Fairness;
(3) Procedural flexibility;
(4) Privacy and confidentiality;
(5) Full disclosure; and
(6) Self-determination.
(e) Effective Date. This Code shall govern all mediation proceedings commenced on or after March 1, 1996.