Academy Member Inducted 2011

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Michael E. Upchurch, Mediator & Arbitrator, Mobile, Alabama.

Michael E. Upchurch

Frazer Greene LLC
104 Saint Francis Street
Suite 800
Mobile, AL 36602
Tel: (251) 431-6022
Fax: (251) 431-6030
Website: www.frazergreene.com
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Member of the Alabama Chapter for Mediation & Arbitration Other ADR Services: ADR Training/CME, Court-Appointed Neutral (Special Master), Early Neutral Evaluation, Fact Finding, Mini-Trial Judge
Video Conferencing
Available
  • Practice Commenced1995
  • # of MEDS (as of 9/10/26)1800
  • # of ARBS (as of 9/10/26)10
Current Practice
Online / In-Person
  • BIRMINGHAM
  • MOBILE

Biographical

     Mr. Upchurch is a highly experienced mediator.  Since 1995 Mr. Upchurch has mediated over 2000 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, national churches, 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 active and at times aggressive in moving the parties toward compromise. Mr. Upchurch emphasizes efficient negotiations and paced exchanges of offers. He often has substantive discussions with counsel and sometimes parties before the mediation to increase efficiency at the mediation session and to identify and address impediments to settlement before the parties come together.  Mr. Upchurch rarely holds joint opening sessions, but will get the parties together in a controlled way if necessary during the mediation.   

     Mr. Upchurch also is an experienced arbitrator in commercial cases, contract disputes, construction cases and other civil litigation and ia a member of AAA. 

     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 Dispute Resolution (ASCCDR) since 2023, and is a member of the Alabama Academy of Attorney Mediators. Mr. Upchurch currently is the chair of an ASCCDR committee tasked with reviewing and possibly proposing changes to the Alabama mediation rules.  

     In 2020 Mr. Upchurch received the J. Anthony McLain Professionalism Award from the Alabama State Bar and in 2026 received the  Bill Scruggs Service to the Alabama Stae Bar award.

     Mr. Upchurch also 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.  

 

 


Case Experience

  • ADA Disability
  • Admiralty
  • Anti-Trust
  • Appellate
  • Automotive
  • Banking & Finance
  • Bankruptcy/Creditors
  • Business Dissolution
  • Civil Rights
  • Class Actions
  • Commercial/Business
  • Community Associations
  • Condominiums
  • Construction
  • Consumer Fraud
  • Contract Disputes
  • Debt Collections
  • Discrimination
  • Education
  • EEOC
  • Employment
  • Energy Sector (Oil/Gas)
  • Engineering
  • Environmental
  • Family Businesses
  • Franchise
  • Health Care
  • Industrial
  • Insurance
  • Intellectual Property
  • Labor/Unions
  • Landlord/Tenant
  • Legal Malpractice
  • Lemon Law
  • Libel & Slander
  • Local Govt./Municipalities
  • Media & Communications
  • Medical Malpractice
  • Mergers & Acquisitions
  • Mortgage Foreclosure
  • Natural Disasters
  • Non-profit Organizations
  • Nursing Homes
  • Partnerships
  • Personal Injury
  • Pharmaceuticals
  • Police
  • Premises Liability
  • Probate
  • Product Liability
  • Professional Fees
  • Professional Liability
  • Professional Malpractice
  • Professional Negligence
  • Property Damage
  • Railroad & Trucking
  • Real Estate
  • Religious Institutions
  • Securities
  • Sexual Harassment
  • Shareholder Disputes
  • Software
  • Taxation
  • Technology
  • Title Disputes
  • Torts
  • Trademarks/Patents
  • Transportation
  • Trusts / Estates
  • Unfair Competition
  • Utilities
  • Wage & Hour/FMLA
  • Workers' Compensation
  • Wrongful Death

Education

  • 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).

Memberships & Affiliations

    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 former Fellow of the International Academy of Trial Lawyers, a former 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 was 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 has been a Best Lawyers Mediator of the Year for Mobile, Al. and Top 50 Super Lawyer, etc. multiple times.


Rates Information

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

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