Danny Banks

2011-11-08T10:50:00.000-08:00

MEDIATION IS ANOTHER WAY OF RESOLVING DISPUTES BETWEEN PARTIES. In mediation, the parties meet with a neutral mediator to explore solutions and negotiate mutually acceptable resolutions. Mediation allows the parties to consider the fairest and most reasonable solutions. The role of the mediator is to assist the parties in reaching a mutually acceptable resolution of the dispute. If the parties agree, the dispute is resolved. If the parties do not agree, then they are free to pursue their legal remedies.

ARBITRATION IS THE MOST TRADITIONAL FORM OF PRIVATE DISPUTE RESOLUTION. Arbitration is a binding procedure. It is a non-jury trial most often administered by a private organization. In arbitration, the parties present their case to the arbitrator who considers the issues, the applicable law and renders a decision. It is adjudicatory as opposed to advisory because the arbitrator (usually a retired judge or attorney) renders a decision at the end of the arbitration hearing and that decision is final and binding, subject only to a very limited court review.

Daniel B. Banks, Jr., has been providing mediation and arbitration services throughout North Alabama since 1995.

No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.

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EDUCATION

UNIVERSITY OF ALABAMA - B. S. DEGREE IN FINANCE - 1964
UNIVERSITY OF ALABAMA - J. D. - 1967

EXPERIENCE

CAMP, PAGE, WILLIAMS, UTSEY & SPURRIER, ATTORNEYS - 1967-1972
STARTED AS AN ASSOCIATE AND BECAME A PARTNER. THIS FIRM SPECIALIZED IN DEFENSE LITIGATION. - BANKS & LOFTIN, ATTORNEYS - 1972-1977
THIS LAW FIRM WAS FORMED IN 1972 AND WAS A GENERAL PRACTICE LAW FIRM THAT PROVIDED ALL TYPES OF LEGAL SERVICES IN THE AREAS OF DOMESTIC RELATIONS, PROBATE, REAL ESTATE, CRIMINAL, AND CIVIL MATTERS
DISTRICT COURT JUDGE FOR MADISON COUNTY, ALABAMA - 1977-1978
IN 1977, APPOINTED AS A DISTRICT JUDGE FOR MADISON COUNTY. THAT COURT WAS INVOLVED IN BOTH CIVIL AND CRIMINAL LITIGATION. THIS WAS A COURT OF LIMITED JURISDICTION AND DID NOT PROVIDE A JURY TRIAL
CIRCUIT COURT JUDGE FOR MADISON COUNTY, ALABAMA - 1978-1995
IN 1978, APPOINTED TO THE CIRCUIT COURT OF MADISON COUNTY, ALABAMA. THIS IS A COURT OF GENERAL JURISDICTION AND TRIED CASES IN ALL AREAS OF THE LAW. RETIRED IN 1995 AS PRESIDING CIRCUIT JUDGE
MORRIS, CLOUD & CONCHIN, ATTORNEYS - 1995-1999
IN JULY OF 1995, BECAME ASSOCIATED WITH THIS LAW FIRM - MORRIS, CONCHIN, BANKS & COOPER, ATTORNEYS - 1999 TO 2004
EXTENSIVE TRIAL PRACTICE AND SERVED AS A MEDIATOR IN OVER 1200 CASES. IN ADDITION, SERVED AS AN ARBITRATOR IN CASES IN THE NORTH ALABAMA AREA
SERVED AS AN ARBITRATOR IN DOMAIN DISPUTE PROCEEDINGS FOR THE NATIONAL ARBITRATION FORUM AND CPR (International Institute for Conflict Prevention and Resolution)
RETIRED FROM ACTIVE PRACTICE OF LAW IN 2004 AND CONCENTRATED MY WORK IN THE AREA OF MEDIATION AND ARBITRATION

OTHER EXPERIENCE

ADMITTED TO ADR PANEL OF NEUTRALS IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA
REGISTERED ON ALABAMA STATE COURT MEDIATOR AND ARBITRATION ROSTER WITH THE ALABAMA CENTER FOR DISPUTE RESOLUTION
MEDIATION CORPORATION - ALABAMA DISPUTE RESOLUTION DIRECTORY
ATTENDED CLE APPROVED PROGRAM ON ALTERNATIVE DISPUTE RESOLUTION IN ALABAMA - OCTOBER 13, 1995
LECTURED AT THE ALABAMA TRIAL LAWYERS ASSOCIATION GENERAL PRACTICE SEMINAR ON ALTERNATIVE DISPUTE RESOLUTION - NOVEMBER 10, 1995
ATTENDED AMERICAN BAR ASSOCIATION SECTION ON DISPUTE RESOLUTION - JUDICIAL WORKSHOP ON ALTERNATIVE DISPUTE RESOLUTION TRAINING SEMINAR - NOVEMBER 16, 1995
ATTENDED THE MEDIATION PROCESS AND SKILLS OF CONFLICT RESOLUTION - 24 HOURS OF TRAINING FROM THE MEDIATION CORPORATION
RECEIVED TRAINING AT THE NATIONAL JUDICIAL COLLEGE, UNIVERSITY OF NEVADA. THIS PROGRAM IS A FOUR-WEEK COURSE DESIGNED TO EDUCATE NEW JUDGES. FOLLOWING GRADUATION FROM THIS COURSE, ATTENDED THE NATIONAL JUDICIAL COLLEGE FOR OTHER COURSES AND SERVED AS A FACULTY ADVISER. ALSO SERVED ON THE FACULTY OF THE ALABAMA JUDICIAL COLLEGE
LECTURED AT THE ALABAMA JUDICIAL COLLEGE, THE MISSISSIPPI TRIAL JUDGES ASSOCIATION AND AT CONTINUING LEGAL EDUCATION SEMINARS. ALSO LECTURED ON CASE MANAGEMENT FOR THE ALABAMA COURT ADMINISTRATORS, WHICH WAS TELEVISED STATEWIDE
PAST CHAIRMAN OF THE PERSONNEL HEARINGS BOARD FOR THE STATE OF ALABAMA JUDICIAL DEPARTMENT
PRESIDENT HUNTSVILLE/MADISON COUNTY BAR ASSOCIATION - 1997-1998
ASSOCIATED WITH THE NATIONAL ARBITRATION FORUM AND HAVE CONDUCTED ARBITRATION'S INVOLVING DOMAIN NAME DISPUTES - 1999 TO PRESENT
ASSOCIATED WITH DISPUTE RESOLUTIONS SYSTEMS AND HAVE CONDUCTED ARBITRATION'S AND MEDIATION'S SINCE 2000
SELECTED TO SERVE AS AN ARBITRATOR FOR THE AMERICAN ARBITRATION ASSOCIATION IN SEVERAL CASES
MEMBER OF THE NATIONAL ACADEMY OF DISTINGUISHED NEUTRALS
SERVED AS A REFEREE IN A TEACHER TERMINATION APPEAL

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MEDIATION
ARBITRATION
CASE EVALUATION
CONSULTATION
ALL OTHER ALTERNATIVE DISPUTE RESOLUTION PROCESSES

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COST OF MEDIATION

$250 per hour to be divided equally between the parties unless otherwise agreed or ordered.

MINIMUM MEDIATION FEE

$750 payable prior to the mediation. This covers the costs of 3 hours of mediation.

TRAVEL FEE

$125 per hour plus $0.505 per mile.

CANCELLATION POLICY

Upon confirmation of a mediation, nothing else will be scheduled by the mediator on that date. For that reason, the minimum mediation fee will be charged for any mediation cancelled within 5 working days of the scheduled mediation. The party canceling the mediation will be responsible for payment of the cancellation fee.

2011-11-03T11:31:00.000-07:00