Michael E. Upchurch

     Mr. Upchurch is a certified mediator and since 1995 has mediated approximately 1800 disputes of all types, in state court and federal court, in administrative proceedings and prior to litigation.        

     Mr. Upchurch's mediation experience includes resolving disputes and litigation involving, and between, governmental agencies and departments such as ADEM, the Alabama Attorney General, and the United States Department of Justice.  

     Mr. Upchurch also mediates cases on appeal for the Alabama Supreme Court and Eleventh Circuit Court of Appeals and remains up to date with respect to appellate decisions and precedent.   

     Mr. Upchurch's mediation approach is to be aggressive and relentless in moving the parties toward compromise. Mr. Upchurch uses an active rather than passive approach, and emphasizes efficient negotiations and paced exchanges of offers.   

     Mr. Upchurch  also is a certified and experienced arbitrator, including formerly for the Better Business Bureau. 

     Mr. Upchurch is a frequent speaker on mediation and arbitration and has written numerous articles on settlement and dispute resolution.

     Mr, Upchurch was appointed to the Alabama Supreme Court Commission On Alternative Dispute Resolution in 2023. 

     In 2020 Mr. Upchurch received the J. Anthony McLain Professionalism Award from the Alabama State Bar.

     Mr. Upchurch is a judge on the Alabama Court of the Judiciary.  

     Mr. Upchurch maintains an active trial practice in addition to his mediation and arbitration.  This enables Mr. Upchurch to provide insight to the parties and counsel in mediation on jury pools, judges, recent verdicts and evidentiary rulings and practices.  Mr. Upchurch understands the pressures, challenges and potential hazards faced by the parties to the disputes he mediates and the lawyers representing them.   

     Mr. Upchurch has been trying lawsuits, primarily for defendants, since 1983. He has tried many cases of every type to jury verdict in state and federal court, including product liability, professional liability, employment, commercial, white collar criminal, environmental, medical negligence, personal injury, maritime and breach of contract. Mr. Upchurch has successfully represented clients in many high-exposure lawsuits, including in toxic tort and admiralty cases., and many cases involving catastrophic injury, including quadriplegia, brain damage, and amputation.  

• University of Virginia, J.D., 1983
• James Madison University, B.A., 1980, Summa Cum Laude.
• Officer, United States Army National Guard (Artillery) (1980-1986) (Distinguished Military Graduate: 1980).

    Mr. Upchurch is the former President of the Mobile Bar Association and is the former President of the Alabama Defense Lawyers Association.  Mr. Upchurch is a Fellow of the American College of Trial Lawyers, a Fellow of the International Academy of Trial Lawyers, a Fellow of the International Society of Barristers, the original Co-Chair of the Mobile Bar Association Diversity Task Force, and a member of the Alabama Law Foundation.  Mr. Upchurch has been a regular faculty member and speaker at the Bibb Allen Trial Academy held each year in Birmingham, Alabama. For many years Mr. Upchurch wrote a regular column with advice for young lawyers in the Alabama Defense Lawyers Association Journal, and many of these articles have been reprinted by IADC.  Mr. Upchurch also is a frequent speaker at seminars and meetings on a variety of topics associated with litigation, including mediation and trial practice.  Mr. Upchurch was named the Alabama State Bar 2020 J. Anthony "Tony McLain Professionalism Award", and was selected as Best Lawyers Mediator of the Year 2021 for Mobile, Al.  

Mediation: $450 per hour, no minimum, no cancellation fee. Arbitration: Pre-hearing: $500; Hearing: $850.