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Recently a growing number of parents involved in family law disputes are turning to the process of mediation to resolve their problems, as an alternative to litigation. Mediation is a process in which a neutral and independent person is hired by the parties to attempt to reach a voluntary and mutually agreeable resolution of their differences. A recently enacted court rule gives a judge in a the power to order mediation in domestic cases when the court determines that mediation may result in a fair settlement. However, the court normally will not send a case to mediation when domestic violence has occurred between the parties unless the victim of the violence consents to mediation.
Mediators are private individuals who need not be attorneys. Often, mediators receive training through courses and workshops, and many have a background in counseling, psychology, and other related fields. A mediator's job is to attempt to reach agreement between the parties. Mediation is not binding: either party can terminate the mediation process at any time and resolve the dispute through litigation. A mediator is not a judge and can not make orders. If an agreement is reached in mediation, attorneys can assist the parties in understanding the consequences of the agreement and in drafting legal documents for court approval of the agreement reached.
One benefit of mediation is that parents who work together to resolve their problems can learn the tools to co-parent their children more effectively. The process of mediation is normally confidential, and statements made in the process can not generally be used later against a party in court if the mediation sessions fail to produce an agreement.
The role of a lawyer in the mediation process can vary. In certain circumstances, parties can bring attorneys into the mediation sessions. Before attempting mediation, it may be wise to consult with an attorney to determine your legal rights. A mediator can not give legal advice and is not hired to represent your specific interests. An attorney can advise you of the risks of going to court, and the benefits and potential pitfalls of litigation versus mediation. A parent who is knowledgeable and prepared for a mediation session is better able to determine if the mediation sessions are fruitful. Moreover, any potential agreements made during mediation can be reviewed with an attorney so that a parent can determine that the agreement is fair and prepared in accordance with Alaska law. Many attorneys will consult with potential clients for a nominal fee to answer questions about the mediation process and define the services they offer. 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. © 1997 by Steven Pradell. This article is not intended to provide legal advice and should not be relied on for that purpose.
The law office of Pradell and Associates provides free legal consultations to injured Alaskans. Attorneys can evaluate your case, recommend treatment, and help you settle your claim. A helpful staff provides prompt, courteous services to meet your legal needs. Give Pradell and Associates a call today, at (907) 279-4529-- (279-4LAW).