Alaska Court System Trial Courts

View video: Options to Resolve Your Divorce or Custody Case: Mediation, Settlement, and Reaching Agreement

Mediation is an informal, voluntary and confidential way to resolve disagreements. A neutral person, called the mediator, helps people:

• figure out the important issues,
• explain and understand each other's proposals,
• clear up misunderstandings,
• explore creative solutions, and
• reach acceptable agreements.

The mediator does not tell the parties what to do, or decide who's right or wrong. The participants make the decisions.

Mediation is one form of alternative dispute resolution (ADR), which is a way of resolving conflicts outside the formal court process. Other ADR methods include arbitration, mediation-arbitration, early neutral evaluation, and settlement conferences.

Mediation may NOT be appropriate when there has been domestic violence between you and another person in the case.

If you are considering mediation with a person who controls or attempts to control you through force, intimidation, or the threat of violence, you should request a private session to discuss this with the mediator.

If you are a victim of domestic violence, you cannot be required to participate in mediation if you do not want to. Mediation in cases involving domestic violence must be provided by a mediator who is trained in the dynamics of domestic violence to protect your safety and any household member. As a victim of domestic violence, you may bring a support person or advocate to the mediation, including a lawyer. (See Alaska Statute 25.20.080).

Just about anything can be mediated when people are open to exchanging proposals. Some of the issues that are particularly well suited for mediation include:

• Parenting plans for children, which includes parenting time, communicating and making decisions about the children,
• Child Support Disputes (Note: the court is required by state and federal law to enter an order for support when issuing a custody decision),
• Property and debt division in divorce cases,
• Disputes in small claims cases,
• Disputes between landlords and tenants,
• Concerns in Child in Need of Aid cases, and
• Concerns in adult guardianship and conservatorship cases.

The participants decide what issues to mediate.

Yes. In fact, many people avoid a contested case by going to mediation before filing a case with the court.

For example, if you and your spouse agree that it is time to get divorced, but are unsure about the division of property or the parenting plan for the children, you might find mediation helps you reach agreement on all issues and enables you to file an uncontested divorce instead of a contested divorce.

Another example is when parents need to modify a custody or support order from years ago. Engaging in mediation before you file a Motion to Modify may help to reduce family stress and bring about a faster resolution than could be reached in a drawn out court battle.

Yes, so that the judge can give you time to work through the mediation process before setting a trial. If the judge ordered the mediation, he or she will know it is going on. If you decide to do it on your own, you should file a notice to the court that you are engaging in mediation and request that whatever pre-trial schedule you are following be adjusted as needed.

Once the judge is aware of the mediation, you usually won't file motions or other documents except to update the judge on the progress of mediation. The court case is still open during mediation, but generally you won't be actively participating.

Civil Rule 100 and Probate Rule 4.5 state that mediation discussions are confidential when the court orders mediation. This allows you to speak openly and honestly without having to worry that what you say will be used against you later.

If mediation is not ordered by the court, Evidence Rule 408 prohibits parties from disclosing mediation discussions in a hearing or trial.

Additionally, most mediators also have a written confidentiality agreement for you to sign before starting mediation. The mediator should explain the confidentiality agreement to you, including any limits on confidentiality.

It can take one hour to many hours - one session to several. It depends on:

• the number of issues to mediate,
• how much you disagree,
• the participants’ willingness to brainstorm and accept different proposals, and
• how sensitive the topics are.

Mediators charge different rates, but you can ask about prices before deciding who to hire.

Under Civil Rule 100 and Probate Rule 4.5, if the court orders private mediation, the parties share the cost of mediation unless the judge orders otherwise. When you mediate and it isn't court ordered, you decide how to share the cost.

The court offers free mediation in a variety of cases, including divorce with children, child custody, minor guardianships, adult guardianships, and Child in Need of Aid.

Private Mediation

Sometimes parties agree to mediate and agree to hire a mediator on their own. You do not need to file a case before you mediate. Some local mediators can be found on the Professional Mediators of Alaska website. Other times parties agree on a person they both trust to help them out, like a pastor or a family member.

Court-Sponsored Mediation

If your case is divorce with children, custody, adult or minor guardianship, or child in need of aid, you can ask the court to refer you to one of the court-sponsored mediation programs. Use the Court Mediations Forms.

If you are participating in court-sponsored mediation, the court will assign you a mediator. If you are agreeing to private mediation, call around and talk to people until you find someone you like.

Please note that in Alaska, anyone can act as a mediator. There are no state standards or licensing requirements. Mediator education, training, experience and style vary. It is up to the people involved to decide what they need in a mediator and to be sure that the mediator they choose has the necessary skills and approach. To help parties choose a qualified mediator, the Alaska Judicial Council publishes a free guide to selecting a qualified mediator: Consumer Guide to Selecting a Mediator.

Other resources to help you find a mediator:

• Professional Mediators of Alaska is a nonprofit organization that supports the mediation profession and encourage its use in Alaska as an alternative form of conflict resolution. Their website provides a directory of mediator members.
• The Alaska Bar Association has a Mediation and Arbitration section and its website includes a list of section members.
• Check with friends and family to find mediators others have found helpful.

Mediation works well with or without attorneys. The participants will have to decide whether attorneys will attend.

If you are representing yourself, it may be helpful to talk with a lawyer. Legal advice before or after a mediation session can help you understand your legal rights and responsibilities. A lawyer can also help you develop proposals for resolving your case. Finally, a lawyer can review the agreements you are considering.

The agreement is written down, all the participants sign it, and it is filed with the court.

If you have a lawyer, ask the lawyer how this will be handled. Usually, once the agreement is written up and signed, the lawyer will file it in court.

If you do not have a lawyer, ask the mediator how this will be handled. You will need to decide which person is responsible for filing the agreement if it involves a court case.

If you did not reach an agreement, the judge will decide all the issues in the case.

If you agreed on some issues, you can file a partial agreement with the court. The judge will decide the remaining issues.

Mediation can be helpful even if you do not reach an agreement because it will help you identify the issues you will need to focus on at a hearing or trial.

Yes. The Family Law Self-Help Center website provides information to help you develop a parenting plan. You could even use some of the court forms to write up an agreement reached in mediation. If you have questions about how to file things in court or how to get your case moving again, the Family Law Self-Help Center Helpline can assist you in identifying the next step to take.

Alaska courts offer mediation in cases in which parents need to create a parenting plan. The mediator helps parents resolve disputes about access and visitation concerns and create workable co-parenting plans. There is no fee for this service unless parents wish to mediate additional issues or require more time than allowed by program.

The publication, Child Custody and Visitation Mediation Program: Helping Parents Resolve Custody and Visitation Disputes, PUB-26, provides additional information. You may also contact your court for information.

The videos Resolution Options and Two Homes can be helpful in resolving co-parenting disagreements. The court system’s Family Law Self Help Center web page has a series of informational videos including two on Custody and Parenting Plans.

• View videos:
  • Resolution Options
  • Two Homes
  • Custody & Parenting Plans (Part 1)
  • Custody & Parenting Plans (Part 2)

The Parenting Plan Dispute Resolution and Early Resolution Program Mediation Agreement, MED-340 describes mediation, the role of the mediator, and how mediation is confidential in these cases.

The form, Request for Court-Sponsored Parenting Plan Dispute Resolution, MED-405, may be used to request mediation.

Alaska courts offer mediation services in minor guardianship cases. The mediator helps those involved make decisions and create both long-term and short-term plans that will best meet the needs of the minor. There is no fee for this service.

The publication, Guardianship and Conservatorship Mediation Program, PUB-37, provides additional information. You may also contact your court for information.

The Mediation and Confidentiality Agreement - Minor Guardianship, MED-180 describes mediation, the role of the mediator, and how mediation is confidential in these cases.

Court form Request for Court Sponsored Minor Guardianship Mediation, MED-150, may be used to request mediation.

Alaska courts offer mediation services in adult guardianship and conservatorship cases. The mediator helps those involved make decisions and create plans that will best meet the needs of the vulnerable adult. There is no fee for this service.

The publication, Guardianship and Conservatorship Mediation Program, PUB-37, provides additional information. You may also contact your court for information.

The Mediation and Confidentiality Agreement - Adult Guardianship, MED-130 describes mediation, the role of the mediator, and how mediation is confidential in these cases.

Court form Request for Court Sponsored Guardianship Mediation, MED-100, may be used to request mediation.

Mediation in Child in Need of Aid (CINA) cases is available in most court locations. There is no fee for this service. The mediator helps parties in these cases resolve disagreements about case plans, placement, family-child contact, and many other concerns.

The publication, Child in Need of Aid Mediation Program, PUB-25, provides additional information. You may also contact your court for information.

The Mediation and Confidentiality Agreement – CINA, MED-230 describes mediation, the role of the mediator, and how mediation is confidential in these cases.

Court form Request for Court Sponsored CINA Mediation, MED-200, may be used to request mediation.

Anchorage District Court regularly offers mediation in small claims cases. This free service is provided by volunteer, trained mediators who assist parties in resolving the issues in their case. Mediation is carried out on the morning that a case is set for trial, and any case that is not resolved through mediation is generally returned to the courtroom the same morning for trial.