Mediation in Alabama

When a judge can order mediation

Ala. Code 6-6-20 governs mandatory mediation in Alabama civil cases. It applies to domestic relations matters too, since the statute has no exclusion for divorce or custody. Mediation becomes mandatory when all parties agree to it. It also becomes mandatory when either party files a motion asking for it. That party pays the mediation cost unless the parties agree otherwise. A trial court can also order it on its own motion, even if neither side asked. If a party refuses to mediate once ordered, the court can apply sanctions under Rule 37 of the Alabama Rules of Civil Procedure. That is the same rule used for discovery violations.

Court-connected mediation and the Parents Are Forever program

The Alabama Center for Dispute Resolution operates under the Alabama Supreme Court Commission on Dispute Resolution. It runs a statewide roster of certified mediators, including a family mediation track for custody and visitation disputes. Judges in many circuits refer contested custody cases to mediators from this roster, or to a local court-connected program. Alabama's 41 judicial circuits have some latitude over local practice. Fees and referral procedures vary by county, and not every county offers a free or low-cost program. Confirm with the circuit clerk or family court office where the case is filed.

Confidentiality and mediator qualifications

Alabama protects mediation through its own statute instead of adopting the Uniform Mediation Act by name. Ala. Code 6-6-25 states the legislature's finding: public confidence in mediation depends on preventing a mediator from being compelled to testify. The statute sets rules limiting when a mediator can be forced to disclose what happened in a session, protecting the mediator's role specifically. Parties and their attorneys should still ask the mediator or the court to spell out in writing what confidentiality terms apply before starting.

Mediators who want to join the Alabama Center for Dispute Resolution's official roster, including the family mediation roster used for custody cases, must complete the Center's training and certification requirements. They must also stay in good standing with the Alabama Supreme Court Commission on Dispute Resolution. A judge is not limited to roster mediators when the parties agree on someone else. Couples who privately select a mediator should confirm that person's family law training and experience.

Domestic violence exemption

Alabama law draws a firm line around mediation and domestic violence. Ala. Code 6-6-20(d) bars a court from ordering mediation to resolve a petition for a protection order under the Protection from Abuse Act. This also covers any other protection-order petition alleging domestic violence. Section 6-6-20(e) goes further for custody and visitation cases specifically. If a protection order is in effect, or the court finds domestic violence occurred, the court shall not order mediation. Section 6-6-20(f) requires a mediator who does receive a referral to screen for domestic or family violence. Mediation can still proceed if the victim requests it and a trained mediator handles it. The victim may also bring a support person or advocate.

How a mediated agreement becomes a court order

Mediation in Alabama does not decide a case on its own. When spouses or parents reach agreement, they write it up and sign it. That agreement is then submitted to the judge handling the divorce or custody case. It becomes enforceable once the judge reviews it and incorporates it into a final judgment or custody order. If mediation does not produce a full agreement, the case proceeds toward a contested hearing on whatever issues remain.