July 2019 NEWS FOR ALABAMA NEUTRALS ALABAMA SUPREME COURT COMMISSION ON DISPUTE RESOLUTION REACHES 25 YEAR MILESTONE! This year marks the 25 th Anniversary of Alternative Dispute Resolution in Alabama. The Commission was established by order of the Alabama Supreme Court on July 1, 1994. A few months later the Alabama Center for Dispute Resolution (a 501(c)(3)) was formed to administer and manage ADR throughout Alabama for the Commission. Many thanks to the members of the bench and bar as well as registered neutrals for this significant milestone! Congratulations to Robin Burrell who will be recognized at the Alabama State Bar meeting in July as the “Mediator of the Year.” Robin regularly pro- vides free assistance to low-income Alabamians. She donates 120 hours per year. Over the past years she provided free mediation services in the Media- tion/Settlement Dockets in Jefferson County for over 400 people. Robin works with the firm of Najjar Denaburg, P.C. in Birmingham. She is a cum laude graduate of Southwestern University and earned her J.D. from the University of Texas Law School. She is a member of the American Academy of Matrimo- nial Lawyers where she served as secretary, vice president and president. ROBIN BURRELL SELECTED AS PRO BONO MEDIATOR OF THE YEAR WHAT LITIGATORS WANT IN A MEDIATOR AT THE ASB ANNUAL MEETING We hope to see you at the Alabama State Bar Annual Meeting in July. Join Moderator Jana Garner on Thursday July 18 th for a panel discussion as lawyers discuss what litigators want in a mediator. Jana will be joined by attorneys Christina Crow, Robert Methvin, Jr., Walter McGowan and Raymond Bell, Jr. The one-hour session starts at 9:45 a.m.
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July 2019 NEWS FOR ALABAMA NEUTRALS
ALABAMA SUPREME COURT COMMISSION ON DISPUTE RESOLUTION REACHES 25 YEAR MILESTONE!
This year marks the 25th Anniversary of Alternative Dispute Resolution in
Alabama. The Commission was established by order of the Alabama Supreme
Court on July 1, 1994. A few months later the Alabama Center for Dispute
Resolution (a 501(c)(3)) was formed to administer and manage ADR
throughout Alabama for the Commission. Many thanks to the members of the
bench and bar as well as registered neutrals for this significant milestone!
Congratulations to Robin Burrell who will be recognized at the Alabama
State Bar meeting in July as the “Mediator of the Year.” Robin regularly pro-
vides free assistance to low-income Alabamians. She donates 120 hours per
year. Over the past years she provided free mediation services in the Media-
tion/Settlement Dockets in Jefferson County for over 400 people. Robin works
with the firm of Najjar Denaburg, P.C. in Birmingham. She is a cum laude
graduate of Southwestern University and earned her J.D. from the University
of Texas Law School. She is a member of the American Academy of Matrimo-
nial Lawyers where she served as secretary, vice president and president.
ROBIN BURRELL SELECTED AS PRO BONO MEDIATOR OF THE YEAR
WHAT LITIGATORS WANT IN A MEDIATOR AT THE ASB
ANNUAL MEETING
We hope to see you at the Alabama State Bar Annual Meeting in
July. Join Moderator Jana Garner on Thursday July 18th for a panel
discussion as lawyers discuss what litigators want in a mediator.
Jana will be joined by attorneys Christina Crow, Robert Methvin, Jr.,
Walter McGowan and Raymond Bell, Jr. The one-hour session
starts at 9:45 a.m.
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The Alabama Supreme Court Commission recog-
nized Harold Stephens for his two-year tenure as Chair
of the Commission. Under his leadership the Center
hired Eileen Harris as the executive director of the Cen-
ter for Dispute Resolution, revitalized the Center’s web-
site to be more customer focused and began an aggres-
sive campaign to provide outreach and education to Ala-
bama consumers, attorneys and neutrals. We are very
grateful for his leadership! Harold continues to serve on
the Commission as well as on the Center’s Board of Di-
rectors.
The Commission welcomed Judge Lorraine Pringle
as the 2019-2020 Commission Chair. Judge Pringle
served as Vice-Chair in 2017 and 2018. She is very ac-
tive on the Commission and has promoted mediation
through speaking engagements in support of mediation
week events and with judges. We are very fortunate to
have her on the Commission.
Joining the Commission in 2019 are Hon. Christy
Edwards with the Alabama Court of Civil Appeals and
Hon. Martha Reeves Cook, District Judge with the 10th
Judicial Circuit in Birmingham.
William Coleman, Board President of the Alabama Center for Dispute Resolution, recognizes Harold Stephens for his leadership as Chair of the Alabama Supreme Court Commission on Dispute Resolution.
William Coleman, Board President of the Alabama Center for Dispute Resolution, thanked Charlie Boyd for 11 years of service on the Alabama Center for Disputer Resolution Board of Directors. Charlie continues to serve on the Alabama Supreme Court Commission on Dispute Resolution.
ALABAMA SUPREME COURT COMMISSION ON DISPUTE RESOLUTION
Jimmy Walter (far left), Vice Chair of the Alabama Supreme Court Commission on Dispute Resolution, joins ACDR Executive Director Eileen Harris (far right) to congratulate the Faulkner Law ADR Program at the HandsOn River Region Volunteer of the Year Award Ceremony in Montgomery on April 11th. Pictured are DaLee Chambers and Michael Foster.
The Parents are Forever Family Mediation continues! This
program provides free mediation services to parents of minor
children who are separating or divorcing to work with a free me-
diator. The gross family income cannot exceed $60,000. The
parents agree to develop a financial plan and a parenting plan.
Due to limited funding only initial cases identified with .00 will be
considered. In 2018, 105 families participated in the program
and 137 children benefited. The average cost of mediation ser-
vices was $575. The settlement rate was 75.2%. Cases are ac-
cepted on a first-come first-served basis. Feedback provided by
parents is overwhelmingly positive! Please thank the Alabama
Supreme Court for funding this worthwhile program that helps
preserve families without shredding Alabama families.
FAMILY MEDIATION
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As of March 31, 2019, 45 counties have participated in the
Parents are Forever Family Mediation Program. (See map at
right).
FORECLOSURE MEDIATION CONTINUES
Please check out Harold Stephens article “Mediation Best Practices in Alabama” in the latest
issue of the Alabama Lawyer. Harold is an attorney and mediator with Bradley Arant Boult
Cummings LLP in Huntsville. He also serves on the Alabama Supreme Court Commission on
Dispute Resolution.
MEDIATION BEST PRACTICES IN ALABAMA
Thank you to the Alabama Law Foundation and the Alabama
Civil Justice Foundation for your continued support of the
foreclosure mediation program. While originally scheduled to end
in March of 2019, these organizations recognized the need for
free mediation services to help homeowners who are at risk of
foreclosure. Call the Alabama State Bar VLP at 334-517-2246 if
you have a client who needs foreclosure mediation assistance.
The Center is grateful that the ASB VLP is conducting income
eligibility of homeowners under this program. Thank you Linda
Lund, Director of the ASB VLP, for your support and assistance!
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MEDIATION IN RURAL AMERICA: OBSTACLES AND OPPORTUNITIES
The Center’s Director Eileen Harris joined her
counterparts from Arkansas and Georgia at the
SE Conference on Conflict Management hosted
by Lipscomb University during May. They
discussed current challenges as well as
opportunities for growth in their respective states
with “Access to ADR.” The Center and the
Alabama Supreme Court Commission on Dispute
Resolution are exploring ways to increase
“Access to ADR” throughout the state. Pictured (L-R): Arkansas ADR Coordinator Jennifer Taylor, Alabama Center for Dispute Resolution Director Eileen Harris and Georgia Office of Dispute Resolution Executive Director Tracy Johnson at the Southeast Conference on Conflict Management in Nashville, Tennessee.
ALABAMA DEFENSE LAWYERS DISCUSS MEDATION DURING ANNUAL
CONFERENCE
On June 15th attorney and mediator David
Hamby of Mobile moderated an excellent
panel discussion on “Mediation Cases and
Resolution.” Panelists (photo at right)
included Hon. Patrick J. Ballard, Brad Wash,
Esq., Michael Upchurch, Esq., and Reggie
Copeland, Esq. The panel shared trends in
mediation, case resolution strategies and
insight into what is going on in the plaintiff’s
room. Many thanks to ADLA Executive
Director Jennifer Hayes and her staff for a
first-class conference!
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UPCOMING MEDIATION TRAINING
The Center is happy to announce Cartography Consulting’s curriculum has been approved for the General Civil Mediation training (20 hour course) in Alabama. This will provide more opportunities for training for mediators. This course meets the training requirement for registration with the Alabama Center for Dispute Resolution. Visit the Alabama Center for Dispute Resolution website training calendar for training dates. MediationCLE continues to provide mediation training for Alabama. Here are the course dates for the remainder of 2019 provided by MediationCLE. Divorce and Family Mediation – 40 hour domestic relations mediation training August 15-19, 2019 Birmingham, AL November 1-5, 2019 Birmingham, AL General/Civil Mediation – 20 hour general mediation training September 12-14, 2019 Birmingham, AL October 3-5, 2019 Mobile, AL October 24-26, 2019 Huntsville, AL November 6-8, 2019 Montgomery, AL December 5-7, 2019 Birmingham, AL Domestic Violence in Mediation November 18-29, 2019 Birmingham, AL Advanced Divorce and Family Mediation Training September 26-27, 2019 New Orleans, LA October 10-11, 2019 Birmingham, AL Simulating Settlement: Advance Mediation Training October 21-22, 2019 Birmingham, AL
Mediation Week in October! Look for free training events in Mobile, Huntsville, Montgomery
and Birmingham! Visit our Facebook Page at www.facebook.com/alabamaadr/
LET’S GET SOCIAL
Visit our page at facebook.com/alabamaadr and “Like Us” to keep up with the latest news and happenings at the Center. We’re also on Twitter! Follow us @AlabamaADR at twitter.com/alabamaadr Check out our YouTube channel for videos and pointing-to-reference videos related to mediation, negotiation, arbitration, restorative justice, and more.
Alabama Psychiatric Services, P.C. v. Lazenby et al. Court: Supreme Court of Alabama Dockets: 1170856, 1171150 Opinion Date: June 21, 2019 Judge: Tommy Bryan Areas of Law: Arbitration & Mediation, Civil Procedure Several former employees of Alabama Psychiatric Services, P.C. ("APS"), filed a putative class action against APS and Managed Health Care Administration, Inc. ("MHCA"), an affiliate of APS, alleging APS had not paid the former employees for unused vacation time after they lost their jobs when APS went out of business. APS and MHCA moved the circuit court to compel arbitration pursuant to arbitration agreements the plaintiffs had entered into with APS. APS and MHCA asked the circuit court to determine, as a threshold question, whether class arbitration was available in this case because the arbitration agreements at issue did not expressly mention class arbitration. The circuit court issued an order granting the motion to compel arbitration, declining to decide whether class arbitration was available, concluding that that issue was to be decided by the arbitrator. The case proceeded to arbitration. The arbitrator issued a clause-construction award ("the award"), concluding that the relevant arbitration agreements authorized class arbitration in this case. APS and MHCA sought review of the award by the circuit court, which denied the motion to vacate the arbitrator’s award. The parties then applied to the Alabama Supreme Court, which noted multiple procedural irregularities in the circuit court’s order. The issue of whether the circuit court erred regarding its order not vacating the arbitration agreement was not properly before the Supreme Court. APS and MHCA attempted to challenge that part of the order compelling arbitration in which the circuit court declined to decide the availability of class arbitration. However, to properly challenge that aspect of the earlier order, APS and MHCA should have appealed the order. APS and MHCA also argued the circuit court erred by failing to apply a de novo standard of review of the arbitrator’s award. The Supreme Court determined the circuit court did not err in this respect. The Supreme Court therefore affirmed the circuit court in denying the motion to vacate the arbitrator’s award, and dismissed appeal 1171150 as redundant.
Greenway Health, LLC and Greenway EHS, Inc. V. Southeast Alabama Rural Health Associates Court: Supreme Court of Alabama Dockets: 1171046, 1171061 Opinion Date: May 17, 2019 Judge: Michael F. Bolin Areas of Law: Arbitration & Mediation, Business Law, Contracts, Health Law Greenway Health, LLC, and Greenway EHS, Inc. (formerly EHS, Inc.) (collectively, "the Greenway defendants"), and Sunrise Technology Consultants, LLC, and Lee Investment Consultants, LLC (collectively, "the Sunrise defendants"), appealed separately a circuit court order denying their motion to compel the arbitration of certain claims asserted against them by Southeast Alabama Rural Health Associates ("SARHA"). Because the Alabama Supreme Court determined the Greenway defendants failed to establish the existence of a contract containing an arbitration provision, the Sunrise defendants' argument based on an intertwining-claims theory also failed. The Court therefore affirmed the trial court's denial of the Greenway defendants' and the Sunrise defendants' motions to stay proceedings and to compel arbitration.
The International Academy of Collaborative Professionals is holding the 20th Annual Networking and Education Forum in Chicago, Illinois from October 24th through October 27th. Visit https://www.collaborativepractice.com for more information.
RECENT DECISIONS — MEDIATION & ARBITRATION
Carroll v. Castellanos Court: Supreme Court of Alabama Docket: 1170197 Opinion Date: March 22, 2019 Judge: Brady E. Mendheim, Jr. Areas of Law: Arbitration & Mediation, Labor & Employment Law William Carroll, M.D., Loring Rue, M.D., and Gustavo Heudebert, M.D. (collectively, defendants), appealed a circuit court's denial of their motion to compel arbitration of claims asserted against them by Paul F. Castellanos, M.D. Dr. Castellanos alleged that he was an "internationally recognized" physician with a specialty practice as a "laryngologist and bronchoesophagologist (airway surgeon)" who was "recruited to come to the University of Alabama at Birmingham in 2005 to establish a center of excellence for the treatment of voice and aero digestive disorders at University of Alabama, Birmingham Academic and Medical Center" ("UAB Medical Center"). University of Alabama Health Services Foundation, P.C. ("UAHSF") and Dr. Castellanos executed a "Physician Employment Contract" describing the details of his employment, which contained an arbitration provision. The questions whether the individual defendants, as nonsignatories to the employment contract, could enforce the arbitration provision in that contract and whether the arbitration provision encompassed Dr. Castellanos's claims against the individual defendants were questions for the arbitrator, not the court, pursuant to the arbitration provision in the employment contract. The Alabama Supreme Court determined the circuit court erred in denying the individual defendants' motion to compel arbitration. The Court therefore reversed the order and remanded the case for further proceedings.
Alliance Investment Company, LLC v. Omni Construction Company, Inc., a/k/a OCC, Inc Court: Supreme Court of Alabama Docket: 1170504 Opinion Date: March 15, 2019 Judge: Tommy Bryan Areas of Law: Arbitration & Mediation, Business Law, Contracts
The issue this case presented for the Alabama Supreme Court’s review was who had the power to determine the location of an arbitration proceeding: an arbitrator or Circuit Court. The Court concluded that, under the facts of this case, the arbitrator had that power; thus, reversed and remanded.
The Center is pleased to co-sponsor free 60-minute live webinars along with the Dispute Resolution and Solo/Small Firm Sections of the Alabama State Bar, the Birmingham Collaborative Law Alliance and the Dispute Resolution Section of the Birmingham Bar.
August 23 Introduction to Collaborative Law Practice
September 20 Focus on Team: Breaking Down Roles
October 18 The How To’s of Collaborative Law
December 6 Informed Consent/Civil Collaboration (one hour of ethics)
Faculty: Virginia Miller (Sexton/Miller LLC), Steven Gregory (Gregory Law Firm, PC), Brian Turner (The Law Offices of Brian Turner, LLC) and Frances Nolan (Nolan Byers, PC)
To register visit www.alabamaadr.org
Appellate Mediation Training — November 15, 2019
In order to register to be on the Appellate Roster, an attorney must be registered on the Alabama State Court Mediator Roster. If you have not taken the 20 or 40 hour mediation course(s) required for the State Court Mediator Roster, you may still take this course then follow up with one of those courses. This training opportunity will be on November 15, 2019 from 8:30 am to 4:35 pm. Lunch will be provided. The course fee is $400. This course has been approved for 6.8 hours of MCLE credit. Read about the program and register at www.alabamaadr.org or contact the Alabama Center for Dispute Resolution to obtain the registration form. You must register by October 15, 2019!
Alabama Center for Dispute Resolution P.O. Box 5042 Montgomery, AL 36103-5042 (334) 356-3802www.alabamaadr.org
The Alabama Center for Dispute Resolution is a 501(c)(3) and is a registered charitable organization with the Alabama Office of the Attorney General (AL 18-509).
