A popular and effective mediator, Phillip McCallum brings experience, creativity, and credibility to the mediation table. Litigation attorneys and their clients appreciate Phillip's ability to build relationships and rapport with people from all walks of life.
Phillip brings to every mediated dispute a wealth of experience in litigation and in business and organizational management in facilitating valuable problem-solving for individuals and businesses.
The Birmingham native and past president of the Alabama State Bar attended Auburn University, graduated from the University of Alabama in Birmingham, and received his law degree from Cumberland School of Law. He is admitted to practice law in Alabama, Texas, Oklahoma, and West Virginia, and he is a member of the Alabama Academy of Attorney Mediators.
Phillip's value as a mediator is enhanced by his experience in leading a successful trial firm and in litigating disputes on behalf of both businesses and individuals. That experience provides a solid foundation for his effectiveness in achieving settlement in a wide variety of areas, including:
Phillip has also been very active in giving back to his community through his pro bono leadership and civic and charitable causes
(listed below).
Phillip's case manager, Lacey McCaleb, will contact you on receipt of your Appointment Request.
Does your preferred date appear to be booked? Please contact Lacey at her office number 256-734-3542, ext. 6, by her cell number 205-495-1299, or by
email
to see whether we can accommodate your schedule.
Phillip McCallum on mediation and arbitration
(articles coming soon)
July 24, 2025
Arbitration often brings welcome closure to disputes, but the process doesn’t always end with the final award. After the arbitrator issues a decision, there are important next steps—and potential challenges—that parties and their counsel should be prepared to navigate. Here’s what to expect post-award: 1. Finality—With Limited Exceptions Arbitration awards are generally binding and final. Courts give significant deference to the arbitrator’s judgment, and grounds for appeal or vacatur are narrow. Dissatisfaction with the outcome is not enough—challenges must fall under specific statutory exceptions such as fraud, corruption, misconduct, or arbitrator bias. 2. Confirming the Award To make the award enforceable like a court judgment, parties may file a motion to confirm it. This step transforms the arbitrator’s decision into a judgment that can be enforced through collection procedures if necessary. In most jurisdictions, this is a streamlined process, assuming no objections are raised. 3. Modifying or Correcting the Award Some errors—such as clerical mistakes or miscalculations—can be corrected through a motion to modify. However, substantive changes to the award’s outcome are rarely permitted. It’s essential to act quickly, as the timeframe for modification is often brief. 4. Vacating an Award: A High Bar Challenging an arbitration award is difficult by design. Under the Federal Arbitration Act and state equivalents, only extreme circumstances—such as evident partiality or procedural misconduct—will lead a court to vacate an award. Strategic preparation and proper selection of a neutral arbitrator help avoid this scenario entirely. Understanding the post-arbitration landscape helps lawyers and clients manage expectations and avoid surprises. Whether confirming, correcting, or responding to an award, it's important to act promptly and with clear legal guidance. A well-run arbitration process should offer both closure and enforceability—provided the path forward is clearly understood.
July 17, 2025
Power imbalances are a reality in many mediations. One party may have greater legal knowledge, more financial resources, or simply more confidence navigating the process. If not addressed, these imbalances can lead to unfair outcomes or failed resolutions. As a mediator, my role is to ensure a fair process—one where all parties have an equal opportunity to be heard, to understand, and to reach informed decisions. Here are several tactics I use to level the playing field: 1. Build Psychological Safety Early Creating a neutral, respectful environment from the beginning encourages participation. I take time in private caucuses to help less-experienced parties understand the process, ask questions, and feel comfortable voicing concerns. This emotional support builds confidence. 2. Adjust the Format as Needed Sometimes, joint sessions can exacerbate power dynamics. If one party dominates the discussion, I may shift to caucuses sooner or restructure the format to ensure balance. Flexibility is essential to avoid intimidation or silence from one side. 3. Clarify, Summarize, and Reframe When one side has more legal or technical knowledge, I take time to summarize key points, ask clarifying questions, and reframe complex ideas in accessible language. This ensures that everyone is tracking the negotiation and fully informed. 4. Address Imbalances Privately I often speak with counsel confidentially to raise concerns about tone, pace, or tactics. A candid reminder that the mediation must remain collaborative—not adversarial—can make a big difference. Power imbalances don’t have to derail resolution. With the right structure and approach, a skilled mediator ensures that every party—not just the strongest—can leave the table with a fair and enforceable agreement.
July 10, 2025
A successful mediation or arbitration session can fall apart after the handshake if the settlement agreement isn’t clear, complete, and enforceable. Crafting a durable settlement agreement is just as critical as reaching the resolution itself. Here are a few key principles I emphasize to ensure the agreement holds up: 1. Avoid Vague Language Ambiguity is the enemy of finality. Terms like “reasonable” or “as soon as possible” may feel cooperative in the moment but can lead to disputes later. Every critical point—payment dates, conditions, deliverables—should be specific and measurable. 2. Plan for Contingencies What if a payment is late? What if a party files bankruptcy? What if a lien isn’t cleared? Durable agreements anticipate what could go wrong and include clearly defined responses. Think of this as preventative maintenance for resolution. 3. Address Confidentiality and Non-Disparagement If confidentiality or public statements are part of the deal, spell them out. Courts won’t enforce vague understandings. Include what can and can’t be said, to whom, and with what consequences. 4. Consider Enforceability Jurisdiction Will the agreement be filed with a court? Is it subject to arbitration enforcement rules? Consult with counsel on which forum and law will govern enforcement to avoid jurisdictional surprises. 5. Don’t Rush the Finish Line After a long day of negotiation, parties may be tempted to sign a quick summary and fill in details later. I always encourage finishing a complete written agreement before adjourning—even if it means ordering dinner and staying late. Closure should be built to last. A strong agreement makes the hard work of mediation or arbitration meaningful. With precision, foresight, and clarity, your resolution becomes not just an agreement—but a lasting one.
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American Bar Association
Alabama State Bar: Past President (2012-2013)
Alabama Academy of Attorney Mediators
Birmingham Bar Association
National Conference of Bar Presidents
Southern Conference of Bar Presidents
"Mediation: Mistakes to Avoid - Beginning to End" (CLE webinar co-presenter), Alabama Defense Lawyers Association, April 18, 2023
"Mistakes to Avoid from Beginning to End in ADR/Mediation" (CLE webinar co-presenter), Birmingham Bar Association, October 28, 2022 | Member comments
Alabama, 1988
Texas, 2002
Oklahoma, 2003
West Virginia, 2004
J.D., Cumberland School of Law, Samford University, 1987
B.S. (Political Science), The University of Alabama at Birmingham, 1984
Vestavia Hills Parks and Recreation Foundation: Past Board Member
City of Vestavia Hills Substance and Abuse Committee: Past Chair
Triumph Services: Past Board Member
Vestavia Hills Club Wrestling coach
While we function effectively via Zoom or other online settings, our conference rooms provide a peaceful, comfortable setting for your in-person mediation or arbitration. Take a virtual tour.
