Mediations - Civil / Domestic Relations

Mediation is an informal process where an impartial third party, a Mediator, assists disputing parties in reaching a mutually acceptable agreement resolving their dispute.  The Mediator acts as a facilitator to the process of identifying issues between the parties, the interests of the parties in order to foster mutual understanding and dispute resolution.  The Mediation Conference is intended to identify issues, clarify misunderstandings, explore potential solutions and negotiate a settlement.  Mediation leaves the decision making power completely with the parties.  The Mediator does not decide what is fair or right nor provide any opinion on the merits or chances of success in litigation.  The Mediator acts as a conduit between opposing interests attempting to bring them together by defining issues and eliminating obstacles to communication, while moderating and guiding the process to avoid confrontation and ill will.

At a Mediation Conference each party present a summary of their positions.  Attorneys generally attend but are not necessarily required.  The Mediator may then either meet with each party privately (Caucus) or continue discussions in together as a group (Joint Session) as necessary.  Caucuses provide each party the opportunity to express their real interests as well as to vent anger or frustration outside the presence of the opposing side.  Joint Session’s allow the parties the opportunity to gain a fuller understanding on where each opposing side’s interests are more aligned with the other than they may expect.  The Mediation progresses until an agreement is reached.  When agreement is reached it will then be reduced to writing and signed by the parties.

Mediation may last as long as is reasonable as long as progress in being made towards reaching an agreement resolving the dispute between the parties.  Mediation sessions generally last for less than a day but may be continued to the next day or to any mutually agreeable time by the parties.  Expenses of Mediation are generally shared equally by the parties unless they agree otherwise.  Waldrop and Associates, P.C. charges $150.00 per hour for Mediation services with a minimum charge of $300.00 that is payable in advance of the Mediation Session. 

Waldrop and Associates’ Mediators are trained to perform both Civil and Domestic Relations Mediation services.  We provide Mediation Services for dispute resolution in the following areas:

• Auto Accident
• Business
• Civil Litigation
• Construction
• Custody/Visitation
• Divorce/Domestic Relations
• Family
• Home Warranty
• Juvenile
• Personal Injury/Wrongful Death
• Post Divorce Issues
• Real Estate

It is widely agreed that the benefits of Mediation are that the parties maintain control over the outcome of their own problem as opposed to having a third party (The Court) impose an answer on them.  Other benefits include

• Disputes can be settled promptly and can be scheduled as soon as the parties agree to use Mediation to resolve their dispute, even before a lawsuit is filed.
• Mediation costs are significantly less than taking a case to Court.
• Mediation may avoid damaging or destroying relationships by facilitating cooperative problem solving and improved communication.
• Mediation is private and confidential.  Mediators are required to abide by a strict code of ethics.  The Mediator and the parties must maintain the confidentiality of the information disclosed during the Mediation to the extent required by law. 
• Mediation is voluntary.  Mediation can be terminated at any time by either party or by the Mediator even in instances where the Court has ordered the parties to attempt to mediate their dispute.  Settlement is also entirely voluntary.  The parties always retain the right to take their dispute to Court should no acceptable agreement be reached. 

At Waldrop and Associates, P.C. we are committed to provide an environment and atmosphere designed to facilitate opposing parties reaching an agreement to their dispute.  We are well trained to assist in identifying issues as well as interests that have a bearing on reaching a mutually acceptable agreement in a patient and caring manner. 

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Practicing in courthouses for all Alabama county seats including: Tuscumbia, Athens, Huntsville, Scottsboro, Fort Payne, Guntersville, Decatur, Moulton, Russellville, Hamilton, Double Springs, Cullman, Oneonta, Gadsden, Centre, Lafayette, Ashville, Jasper, Fayette, Vernon, Birmingham, Heflin, Carrolton, Tuscaloosa, Columbiana, Centreville, Clanton, Talladega, Wedowee, Ashland, Eutaw, Greensboro, Marion, Clanton, Prattville, Wetumpka, Opelika, Livingston, Selma, Montgomery, Tuskegee, Phenix City, Butler, Linden, Camden, Hayneville, Union Springs, Clayton, Grove Hill, Luverne, Troy, Chatom, Evergreen, Andalusia, Elba, Ozark, Abbeville, Dothan, Geneva, Brewton, Bay Minette, Mobile, Anniston, Rockford, Monroeville

Rule 7.2(e) of the Rule of Professional Conduct of the Alabama State Bar requires the following:
"No representation is made that the quality of legal service preformed is greater than the quality of legal services by other lawyers."