Mediation in the Middle District

Mandatory and Confidential

This Court has established a program of mandatory mediation to assist litigants in resolving their disputes prior to trial. The Court stresses that mediation is confidential, and confidentiality is strictly enforced.

Benefits of Mediation

Mediation offers the salutary benefits of assisting the parties to resolve their dispute at an early stage. Mediation is a process of confidential negotiation through which parties may often achieve results that could not be gained through submission of their case to a jury. Successful mediation saves the substantial time and expense involved with a trial. Successful mediation allows parties to alleviate the risk of trial and, at the same time, permits the parties to play an active role in the final decision about their case.

Mediation Process

The mediation process generally involves a joint meeting with all parties and counsel to discuss the case and each side's position. After this meeting, the mediator will meet with each side individually for a full discussion of that side's case. Throughout the process, the goal of the mediator is to assist the parties in negotiating a settlement. Often the mediator will provide the parties a frank, honest opinion about the strengths and weaknesses of their case. Often an objective viewpoint assists parties in making good decisions about settlement.

Initiating Mediation

The Rule 26(f) Order issued in this district notifies the parties whether the Court finds that mediation is appropriate in their case and may result in the case’s speedy and just resolution. The Court’s Uniform Scheduling Order requires counsel to confer with their clients and opposing counsel and file, on or before the discovery deadline, a joint status report setting forth whether they will mediate the case with a United States Magistrate Judge of this Court or a private mediator.

Participation in a mediation with a United States Magistrate Judge of this Court is free of charge. In cases assigned to a United States District Judge, the magistrate judge also assigned to the case will serve as the mediator. If a magistrate judge is the presiding officer, a mediator will be selected in accordance with procedures implemented by the Clerk of Court.

Preparing Clients for Mediation

The goal of mediation is finality: to allow the parties to reach a compromise, resolve the dispute, and end the litigation. To minimize any effects surprising evidence may have on the parties’ willingness to compromise, attorneys should begin preparing their clients by fully informing them of the strengths and weaknesses of their case. Once the parties understand the risks they face, prior to mediation, they should determine the specific compromises they are willing to make and be prepared to inform the mediator when asked. As noted above, mediation is confidential, and the mediator will not share confidential information with a party’s opponent or the trial judge.

Sources of Authority
 (a)  M.D. Ala. Local Rule 16.1 (Court Annexed Mediation)
 (b)  In re: Suspension of Local Rule Regarding Voluntary Mediation, General Order No. 2:10mc3511 (M.D. Ala. April 4, 2024) (suspending Local Rule 16.1 “to the extent it calls for voluntary mediation”).