Select Alabama Arbitration Cases


Select

Alabama is developing a body of case law where litigation has arisen from arbitration. We are compiling a list of relevant decisions. Check back to read summaries of selected cases.
Disclaimer:  Case summaries are the product of the various editors’ analysis.  Please review the whole case and not just the summary if you intend to use it.

Decisions of Interest

Keeping Current: Supreme Court Again Confirms That Class Action Arbitration Waivers Are Valid, by Levi W. Swank, Thomas M. Hefferon, and Joseph F. Yenouskas, Business Law TODAY
 
In DIRECTV, Inc. v. Imburgia, No. 14-462 (Dec. 14, 2015), the U.S. Supreme Court faced yet another case involving the arbitration of consumer disputes. The court in DIRECTV held that a class action waiver contained in an arbitration clause of the contract was valid, even though the contract incorporated state law standards that would have voided the waiver at the time the contract was entered into. The decision continues the court’s trend toward enforcement of arbitration clauses, including those containing a waiver of class action proceedings in arbitration. See, e.g., AT&T Mobility LLC v. Conception, 563 U.S. 333 (2011); American Express Corp. v. Italian Colors Restaurant, 133 S. Ct. 2304 (2013).
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Alabama Executive Orders

  • Executive Order 7, Expansion of the Workplace Mediation Pilot Program, March 20, 2003
  • Executive Order 50, State Agency ADR Task Force Appointed: Executive Order 50, September 16, 1998
  • Executive Order 42, Alabama Government Agencies Encouraged to Use Mediation, March 18, 1998

 


Private Judges

The Alabama Private Judge Act authorized the appointment of former or retired judges to serve as private judges in certain district and circuit court cases. - More -

Arbitrators

Arbitration agreements, are often found in pre-printed consumer contracts. They require parties to the contract to resolve disputes in binding arbitration, rather than in court before a judge and/or jury. - More -

Mediators

Mediation is a confidential, informal process during which an impartial third party, the mediator, assists disputing parties in reaching a mutually acceptable agreement regarding their dispute.

  • General Mediation offers a path to resolving many disputes. - More -
  • Family Mediation offers free divorce and family mediation for parenting, divorce and post-divorce issues. - More -
  • Forclosure Prevention and Mortgage Modification Mediation offers specially-trained mediators to assist Alabama citizens with foreclosure and mortgage problems by mediating between the homeowner and the mortgage holder. - More -

 


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Alabama CDR is the state office of dispute resolution. At the Center, we work with the courts, the Alabama State Bar, state agencies, schools, community mediation initiatives, and businesses to promote early and peaceful resolution of disputes. We are the administrative arm of the Alabama Supreme Court Commission on Dispute Resolution.

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Alabama Center for Dispute Resolution
PO Box 5042, Montgomery, Alabama 36103-5042
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