When can a mediator help you?
Family Disputes: Child custody and visitation disputes,
property division, alimony issues, and after-divorce modifications are
among the most frequently mediated family issues. Mediation of family
disputes may be appropriate when children are being hurt emotionally
by the adults' conflict, litigation is too stressful and costly for
the family, and other negotiations have not resolved the dispute.
The end of a marriage is a very stressful experience. Most
divorcing couples experience difficulty communicating about property
settlements or parenting issues. A mediator can help couples
communicate about these important issues and retain their ability to
make these decisions together and by themselves. It isn't necessary to
give up decision-making when faced with communication difficulties.
Family mediations vary from two to ten sessions. Each session lasts
about one to two hours. Most family mediations require three to five
sessions. Most mediators charge by the hour. Mediation fees typically
total between $750 and $1,500 -- far less than what can be spent on
lawyers fees in a contested divorce.
Commercial and Insurance Disputes: Employment disputes,
personal injury claims, consumer disputes, partnership disputes and
disputes between businesses are among the most frequently mediated
business issues. Mediation allows parties to focus on their work and
their lives, and to run their businesses rather than be distracted by
prolonged conflict and litigation. Commercial and insurance mediations
are structured differently than family mediations, and most occur over
one day.
Does mediation work?
Yes! The majority of mediations result in settlement of all or
some of the disputed issues. Mediated settlements typically hold up
better over time than solutions imposed by a court. You probably know
somebody who's been divorced for years and still embroiled in a
post-divorce custody or visitation battle. Whoever feels that the
court's last ruling was a "loss" often tries to modify the
order later.
Mediation is different. It's not about winners and losers. The
mediator structures and facilitates the conversation to enable people
to resolve their own conflicts. Mediated agreements stand the test of
time better than solutions imposed on people.
The focus in mediation is on meeting real-world needs and
interests, not battling over legal positions. In a divorce, emphasis
may be directed to what's best for the children and how can adults
best address financial needs? In an employment setting, we might ask
how could the work environment be improved to meet the needs of
employees and the employer? In a partnership dispute, discussions may
center on what are the needs of the individuals and the business, and
how can the parties create a win-win situation? In each of these
cases, the parties create their own solutions.
Glenn Cravez mediates family, commercial and insurance
disputes. Glenn chairs the Alaska Bar Association's Alternative
Dispute Resolution Section and has mediated over 400 disputes. He has
practiced law in Alaska since 1981.
