Mediation in Alaska

How mediation gets started

AS 25.24.060(a) lets either party file a motion for mediation within 30 days after a divorce complaint or cross-complaint is filed. The motion asks the court to order mediation aimed at a mutually agreeable settlement. The other party must answer that motion on the record. The judge then decides whether to order mediation. Separately, the judge can order mediation even if no one requests it. That happens when the court determines mediation may produce a better settlement than going straight to a contested hearing.

How the mediator is chosen and how sessions run

Under AS 25.24.060(b), the court appoints the mediator and may choose any person it finds suitable. Each party has the right to peremptorily challenge one appointed mediator. Alaska has no statewide statutory certification scheme for divorce mediators, so the court's own judgment about suitability governs the appointment. Mediation runs informally, as a conference or a series of conferences. Both parties, their attorneys, and a court-appointed representative for any unmarried children under 19 must attend, per subsection (c). Once mediation begins, pending divorce proceedings are stayed for 30 days, or until the court is told mediation failed, under subsection (e).

Custody mediation and what happens if it fails

The Alaska Court System's family law self-help center lists custody and parenting plan mediators as one resource. Parents can use this to reach a settlement instead of a contested custody trial. Other listed resources include legal education programs, mental health professionals, collaborative law professionals, and judicial settlement conferences. The self-help center also provides a standard parenting plan form, DR-475, as a discussion guide. Availability of low-cost or free mediators, and fee amounts, vary by court location. Check with the nearest Alaska trial court for local resources.

Under AS 25.24.060(d), either party can withdraw from mediation after the first conference. The mediator can also end it if the effort is not succeeding. When that happens, the mediator notifies the court that mediation failed. The divorce case then proceeds in the usual manner toward a contested resolution. Any court orders already in place regarding custody or support under AS 25.24.140 stay in effect throughout the mediation period.

Domestic violence exemption

AS 25.24.060(f) bars a court from ordering or referring parties to mediation in a divorce proceeding if a protective order under AS 18.66.100 through 18.66.180 is in effect. A party can also object to mediation on the grounds that domestic violence occurred between them. In that case, the court cannot order or refer them to mediation unless specific safety conditions are met, including that the alleged victim agrees to it. Under subsection (g), a mediator who receives a court referral must evaluate whether domestic violence has occurred.

The mediator may not proceed if either party has committed a domestic violence crime. There are exceptions. The victim must request or agree to mediation. The mediator must be trained in domestic violence safety practices. And the victim must be allowed to bring a support person, including an attorney.

How a mediated agreement becomes a court order

A mediated settlement is not self-executing. Once parents or spouses reach agreement, they write it up and submit it to the divorce or custody judge for review. The Alaska Court System's self-help materials explain how a custody order, often called a parenting plan, comes about. It results either from the parents' agreement in a settlement, or from the judge's decision after trial. A mediated agreement becomes an enforceable order only once the judge approves and signs it.