Mediation, Arbitration & Private Judging
About Our Firm
Meet Our Attorneys
Alabama Mediator & Arbitrator
Malone & Nelson offers expertise and efficiency in resolving disputes through alternative dispute resolution methods such as mediation, arbitration and private judging. These methods offer a cost-effective alternative to traditional litigation and also allow for creative solutions.
Since retiring from the bench, Chuck has focused his practice on providing mediation, arbitration and private judging services throughout the state of Alabama. He boasts extensive experience on the bench as both the Chief Justice of the Alabama Supreme Court and as Circuit Judge, giving him the necessary knowledge, experience, and skills required to successfully mediate or arbitrate any dispute. He is highly-skilled as both a mediator and arbitrator, particularly in the areas of:
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Appellate matters
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Civil rights
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Complex litigation
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Criminal matters
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Domestic relations
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Employment and worker’s compensation
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General commercial and contract disputes
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Personal injury and wrongful death
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Shareholder disputes
Criminal Mediation
Though not all criminal matters are suitable for mediation, minor misdemeanors such as assault, trespassing, destruction of property, harassment, and others can be successfully resolved through mediation. Criminal mediation offers the parties an opportunity to discuss the issues in a forum where a unique resolution can be achieved to the benefit of all involved. The prospect of a trial can cause anxiety for the offender and also the victim. Mediation provides an alternative to the uncertainty of the trial process. Chuck Malone has extensive experience on both sides of the bench in criminal matters and now offers criminal mediation services.
Private Judging
In 2012, the Alabama Legislature enacted the Alabama Private Judge Act, authorizing the appointment of former or retired judges to serve as private judges in a wide variety of district and circuit court cases. Having served on the bench for 13 years, Chuck Malone can offer private judging as a form of alternative dispute resolution. Parties can file a written petition with the Circuit Clerk of the Court in which the action is pending requesting a private judge in cases that are founded on domestic relations, contract, tort, or a combination of contract and tort issues.
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What do I do if I am pulled over for a DUI?Don’t panic. Be polite and courteous. The officer will likely ask for your driver's license, insurance, name, address, etc. It is fine to provide this information, but don’t make any unnecessary statements. Know your rights. The officer may ask you to take a field sobriety test or a breathalyzer. If you were driving, you have probably given consent under Alabama law to a breathalyzer. If you refuse to take it, your driver’s license can be suspended for at least 90 days. If you take it and fail, you can also have your license suspended for at least 90 days. There is no set answer or advice that fits every situation. But, regardless of what happens when you are pulled over, you may have options other than pleading guilty.
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Can I be charged with a DUI without taking a field sobriety test and/or a breathalyzer?Yes, a field sobriety test or breathalyzer is not necessary for you to be charged with a DUI.
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Should I submit to a field sobriety test and/or a breathalyzer if pulled over for a DUI?You have the right to refuse a field sobriety test and breathalyzer. If you believe that you would fail the test, it may be best to refuse it. But, realize that your license can be suspended if you do.
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What is the legal limit for a DUI in Alabama?If you are 21 or over, 0.08%. If you are under 21, 0.02%.
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Will a DUI cause me to fail a background check?Yes, a DUI will show up on background checks as a criminal conviction. However, sometimes there are ways to avoid them appearing on your record.
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Will a DUI affect my employment?It could. Many companies will not hire someone who has a DUI conviction. It depends, of course, on the job and the company.
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Can a DUI be expunged?Yes, many times, a DUI can be expunged from your record, depending on the circumstances.
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Can a DUI charge be reduced or dismissed?Yes, there are many defenses to a DUI charge, and there are agreements that can be reached to resolve such charges that result in them being dismissed and/or other less severe charges being plead.
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What happens in court when charged with a DUI?A DUI charge is prosecuted like many other criminal cases. There are many circumstances which affect exactly how they are tried (e.g. which law enforcement agency issued the charge, where it was issued, whether this is the first charge, whether there are other associated charges, etc.).
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How long is a DUI on your record?It depends on many circumstances but, namely, how the charge is recorded. If it goes on your record, it is generally there forever.
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How do I get my license back after being charged with a DUI?There is a process by which you can seek to have your license reinstated either unrestricted or for limited purposes.
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Are there defenses to a DUI?Yes, there are many defenses to a DUI charge depending on the circumstances.
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Can I do community service for a DUI?Yes, there are a variety of options available to a court in assessing penalties, but also in negotiating deferred prosecution and other settlements of such charges.
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How long will a DUI be on my record?In most cases, a conviction on your record is always there. However, its effect on your insurability, etc., depends on a number of circumstances.
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Does a DUI affect my insurance?Yes, a DUI can make obtaining liability insurance (car insurance) more difficult and more costly.
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Is a DUI a felony in Alabama?It can be, depending on the circumstances.
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How long does a minor in possession stay on your record?Criminal convictions never go away.
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Can I get a minor in possession charge dismissed?Yes, there are many defenses and settlement option which could result in a minor in possession charge being dismissed.
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Can I get a minor in possession charge expunged from my record?Yes, depending on the circumstances, a minor in possession charge can be expunged from your record.
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Is it okay to have an open container in Alabama?There are some places where having an open container of alcohol is allowed, assuming you are of the legal drinking age. But, there are other charges which could stem from having an open container, such as public drunkenness, etc.
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Is it okay to have an open container in Tuscaloosa?Generally, it is not. However, there are some exceptions.
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Will a public intoxication charge show on a background check?Yes, a public intoxication charge will show up on background checks. However, sometimes there are ways to avoid it from appearing on your record.
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Can a public intoxication charge be dismissed?Yes, there are many defenses to a public intoxication charge, and there are agreements that can be reached to resolve such charges that result in them being dismissed and/or other less severe charges being plead.
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Can a public intoxication charge be expunged from my record?Yes, many times, a public intoxication charge can be expunged from your record, depending on the circumstances.
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