The Anchorage Daily News published an editorial Dec. 15 called "A Season to Litigate." The editorial noted the huge number of Alaska's disputes that are working their way through court. The editorial's bottom line: "What do we litigate? Just about everything."
Folks, it doesn't have to be this way. When you litigate, you lose control over the final decision. Instead of deciding things for yourselves, a judge or jury decides for you, and you're stuck with the result. You spend a lot of money to get that result, which you have no control over. You stress yourselves and your loved ones as you engage in an adversarial process. You damage relationships with people you might have to work with in the future after the current dispute is addressed -- for example, the other parent of your children, co-workers, business partners, or neighbors.
Many people, businesses, and yes, the courts, are promoting mediation as a more constructive way to address disputes. Rather than marching off to court, mediation offers an alternative. The mediator is a trained neutral who works with folks to help them resolve their own conflicts. In mediation, you retain control over the decisions. Mediation is voluntary, confidential, and usually successful. It doesn't take as long as court, and it's usually far less expensive. Mediation doesn't damage long-term relationships the way court fights can.
The Alaska Court System has information about mediation on its website. Just go to www.courts.alaska.gov/home.htm, and click on the link to mediation. You can either hire a mediator privately or you can access mediation through one of the court's mediation programs for certain kinds of disputes: custody/visitation disputes, child protection cases, adult guardianship cases, and small claims.
There are certain types of disputes that need a court ruling, such as those where society needs a ruling on a question of constitutional law. And certain circumstances may suggest that mediation isn't an appropriate process to address a particular dispute -- check with a trained mediator about that. But for so many disputes that end up in court, it really doesn't have to be that way.
As you celebrate this holiday season, consider that this doesn't have to be a "a season to litigate." Why not resolve this to be "a season to mediate?"
Glenn Cravez is a mediator and attorney in Anchorage. He co-chairs the Alaska Bar Association's Alternate Dispute Resolution Section, and is an adjunct professor at UAA teaching mediation.
By GLENN CRAVEZ