SB348 Alabama 2021 Session

Summary

Primary Sponsor

Will BarfootSenator

Republican

Session

Regular Session 2021

Title

Mediation, to require mandatory mediation to be provided by a mediator registered with the Alabama Center for Dispute Resolution, Sec. 6-6-20 am'd.

Summary

SB348 requires civil mediation in Alabama to be provided only by mediators registered with the Alabama Center for Dispute Resolution (or by a state legislator with specified experience) and tightens rules on when mediation happens, who pays, and safety protections in domestic violence cases.

What This Bill Does

First, mediators must be registered with the Alabama Center for Dispute Resolution or have at least 16 years of service as a state legislator and receive training on domestic and family violence. Mediators must screen for domestic or family violence and follow safety rules that allow the victim to participate with a support person. Mediation is mandatory under specific circumstances (by agreement, by motion with the mediation costs paid by the requesting party, or by court order if no party requests mediation), sanctions can be imposed for not mediating, and certain DV-related situations (like orders for protection or custody with DV) limit or exclude mediation; the bill also restricts mediation in child support and some protective-services cases and specifies cost allocations.

Who It Affects

• Civil action parties and their attorneys in Alabama whose cases involve mediation obligations, who may have to pay mediation costs (excluding attorney fees) and be subject to sanctions for failing to mediate.
• Domestic violence victims and related parties in custody or protection order proceedings, who gain safety protections, the right to have a support person present, and DV screening requirements for mediators.

Key Provisions

• Mediator qualifications and DV safety requirements: mediators must be registered with the Alabama Center for Dispute Resolution or have at least 16 years of legislative experience and be trained in domestic and family violence, with rules to protect victims (including attendance with a support person).
• Mediation framework and exemptions: defines when mediation is mandatory (by agreement, by motion with costs paid by the requesting party, or court-ordered if no request), cost allocation rules, sanctions for noncompliance, and restrictions in DV-related contexts (orders for protection, custody where DV exists, and certain DHR-involved cases) with specific protections for victims.

AI-generated summary using openai/gpt-5-nano on Feb 23, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Mediation