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Family law litigation carries with it great emotional and financial costs, which can impact the dynamics of the family structure. Funds spent on attorneys could better be put into a college fund for the children or used for their support during childhood.

Recently the overburdened court system has reacted to the increasing numbers of family law cases and has allowed courts the power to require parties in family law cases to mediate certain issues when appropriate. A judge is normally a stranger to a family, and a judge may make a quick decision based upon limited facts presented, a decision that neither parent prefers. An advantage of some of the following alternatives is that the parents themselves participate in the process of fashioning an agreement about issues which they feel is in the best interests of a child. This article explores some of the alternatives to having a trial before a judge. Here are some of these options:

1. Settlement Conferences. Parents who are involved in a lawsuit regarding custody, support, or property division can ask that the assigned judge or another judge spend some time with them at an informal meeting where the primary goal is to see if an agreement can be reached on some or all of the issues. Using a judge who is not assigned to the case allows parents to share sensitive issues in settlement discussions with a judge who will not ultimately decide their case should settlement not occur. A judge's time does not cost a parent extra money. A judge in a settlement conference can frankly tell the parents what he or she would most likely do at a trial based upon the issues presented. Once settled, the agreement can quickly be placed on the record in court once the conference is over and the matter can be concluded.

2. Mediation. This is similar to a settlement conference, except that the parties hire a neutral mediator to assist them in trying to work out an agreement. A mediator's role is not binding on the parties. The mediator does not make a final decision . Instead, the mediator's job is to help the parties agree. If the parties can not agree in mediation, it ends and the parents go back to court to resolve their dispute. Professional mediators may have certain skills that are beneficial in flushing out the real issues and trying to create a win-win situation for both parents. Lawyers normally attend settlement conferences with judges. In mediation, lawyers are optional, but the costs of the mediator can be shared between the parties.

3. Arbitration. In binding arbitration, the parents agree that a third person can serve in the role of "arbitrator" and actually make a decision like a judge does, which both parents agree in advance will be binding. Putting a provision in a divorce agreement that arbitration must occur instead of litigation if the parents later have a disagreement may prevent costly litigation if future problems arise. The rules of arbitration may be less formal than litigation and lawyers again may be optional, resulting in savings to parents.

4. Dissolution. Parents who can agree on all issues, either by themselves, with attorneys or with a mediator, can put their entire agreement in writing and ask the court for a dissolution of their marriage rather than a divorce. The only cost required in a dissolution proceeding is the $100.00 filing fee. The court must ultimately approve of the agreement after a normally short hearing before a judge or magistrate. In the dissolution process, attorneys are optional and the costs are minimal.

It may be wise to consult with an attorney about the best way for you to proceed to resolve your legal problems. Many attorneys will consult with potential clients for a nominal fee to answer questions and define the services they offer. A short visit to an attorney to review your ideas about settling your case could result in large savings later on if the terms contained in the agreement must be reviewed and enforced. The Alaska Bar Association can refer you to an attorney who can answer your legal questions regarding these matters.

Steven Pradell is an Anchorage attorney with a practice emphasizing family law, including divorce, custody, child support, and adoption. © 1998 by Steven Pradell. This article is not intended to provide legal advice and should not be relied on for that purpose.