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[ July/August 2001 ]

Mediation:
Practical Solutions of Your Own Making

by Glenn Cravez

What is mediation? Mediation is:
  • A cooperative, problem-solving process where a trained neutral -- a mediator -- helps parties come up with their own solutions to their disputes in a confidential setting.
  • A pragmatic approach that is quicker, less expensive and less adversarial than litigation.

Why mediate?
  • Mediation improves communication and can help preserve future working relationships between divorcing parents, co-workers, partners, businesses, and other organizations.
  • Mediation results in mutually satisfactory outcomes through creative solutions.
  • Mediation starts dialogue in emotional situations and where feelings of dislike and mistrust exist.

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.