Alaska Divorce Mediation

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Selecting a mediator for Alaska Divorce Mediation

In this state, any individual can play the role of a mediator. There are no licensing requirements or state standards. From person to person, the mediator education, style, experience and training alters. The parties involved in the mediation have to conclude which attributes they require in a mediator and whether the person they have selected has the essential approach and skills. In order to assist the party to select a qualified mediator, a free guide is published by the Alaska Judicial Council known as Consumer Guide to Selecting a Mediator. Some other sources that can be approached while selecting a mediator are as follows -

  • The Alaska Directory of Attorneys under the "Alternative Dispute Resolution" tab, a list of mediators is offered. Several public libraries in the state have copies of this directory
  • The Alaska Dispute Settlement Association this organization has a website where a directory of mediators is retained
  • Mediation Services column of the local phone book yellow pages
  • The Association for Conflict Resolution has a website which has a mediator referral service

Steps in Alaska Divorce Mediation

  • The parties get seated at the tables
  • The mediator introduces all the individuals present and throws light on the rules and intentions of the mediation process
  • The mediator promotes each party to work in a co-operative mode towards a settlement
  • Each party has to explain in self words about the nature of the dispute, how the party is affected by it and some modes of solving it. When one party is speaking, the other party is not permitted to talk in between
  • The mediator attempts to have the parties directly converse with each other regarding the points mentioned in the opening statements. During this talk, it is determined which issues are to be dealt with
  • In a nearby room, each party meets with the mediator privately. These talk regarding the strong and weak points of the party and the possible new ideas for settlement. Such a private caucus may take place several times with each party
  • When the caucuses are complete, the mediator groups the parties back so that they can directly negotiate
  • The last step of mediation is called as Closure. Till this step, if the parties reach an agreement, the mediator writes down the main provisions. Then, each party reads this writing and either signs it or takes copies to be reviewed by their respective lawyers. If the parties desire, they may make signatures on a legally binding contract
  • If an agreement could not be reached, the mediator reviews the progress of the mediation and reminds the parties of their options like -
    • Having another mediation
    • Opting for arbitration
    • Going to Court

Role of lawyer in mediation

When the lawyer of the divorce case is not opposed to the concept of mediation, such a lawyer can be of tremendous use in mediation. The lawyer can help in the following ways -

  • Writing a binding agreement
  • Evaluation of settlement options
  • Preparing the party for the mediation
  • Explaining and completion of mediation paperwork
  • Assistance in locating a mediator
  • Proposing mediation to the other party

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