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)
September 10, 2025
As Alternative Dispute Resolution (ADR) evolves, hybrid models like Med-Arb (mediation followed by arbitration) and Arb-Med (arbitration paused for mediation) have gained popularity. These approaches offer efficiency and flexibility—but they also raise serious ethical considerations , particularly when one neutral shifts between roles. 1. Preserving Neutrality The greatest challenge in hybrid ADR is ensuring that the neutral remains impartial. In mediation, parties often share confidential information they would never disclose in arbitration. If the mediator later becomes the arbitrator, can they truly “un-hear” sensitive disclosures? Maintaining fairness requires careful planning and informed party consent. 2. Informed Consent and Transparency At the outset, it is critical to explain the hybrid process in plain terms. Parties must understand the differences between mediation and arbitration, the potential risks of role-switching, and how confidentiality will be protected. Written agreements outlining these boundaries help avoid misunderstandings later. 3. Clear Boundaries on Confidentiality To protect the integrity of the process, neutrals should set explicit rules on what information can carry over between roles. Some models allow “firewall” structures where one neutral mediates, and another arbitrates, eliminating the risk of compromised confidentiality. 4. Avoiding the Perception of Bias Even the appearance of bias can undermine the legitimacy of ADR. If one party believes their confidential disclosures swayed the neutral, trust in the process evaporates. Building safeguards—such as limiting ex parte discussions and documenting role transitions—preserves credibility. 5. Best Practice: Tailor the Process Hybrid ADR is not one-size-fits-all. Parties and counsel should tailor the approach to the dispute’s complexity, the relationship between parties, and the desired outcome. Thoughtful customization ensures efficiency without sacrificing fairness. Hybrid ADR models hold tremendous promise—but without strict ethical guardrails, they risk eroding the very trust that makes mediation and arbitration effective. By prioritizing neutrality, transparency, and informed consent, mediators and arbitrators can deliver both efficiency and fairness in hybrid proceedings.
September 3, 2025
Litigation is designed to resolve disputes, but the journey through discovery, motions, and trial can be long and expensive. Increasingly, lawyers and their clients are recognizing that early mediation can achieve the same resolution—without the heavy cost of prolonged litigation. The question is: how do you know when to recommend early mediation? Here are a few key signs that early intervention may be the right move: 1. The Core Facts Are Not in Serious Dispute If liability or the main issues of the case are largely clear, there’s little to gain from prolonged litigation. Early mediation can focus on resolving damages or terms of settlement rather than waiting months for the court process to unfold. 2. The Costs of Discovery Outweigh the Benefits Complex cases often involve expensive discovery: depositions, expert witnesses, and electronic data review. When the costs of discovery threaten to exceed the potential gain, early mediation provides a way to save resources while still reaching a fair outcome. 3. Preserving Relationships Matters In employment disputes, business partnerships, or family-owned company conflicts, the ongoing relationship between parties is valuable. Early mediation can reduce hostility and maintain a foundation for future collaboration. 4. Insurance and Risk Management Considerations When insurers are involved, early resolution often aligns with their interest in cost containment. Identifying cases where liability exposure is evident can prompt insurers and defense counsel to welcome mediation sooner rather than later. 5. Courts Are Backlogged Post-pandemic court delays continue to affect many jurisdictions. Early mediation can provide certainty in months instead of years, giving clients closure and predictability. Recommending early mediation isn’t about rushing resolution—it’s about recognizing when litigation will add more cost than value. By identifying the right cases for early intervention, attorneys can deliver efficiency, preserve relationships, and provide real value to clients.
August 26, 2025
Arbitration
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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.
