The Alaska Court System
Adult Guardianship/Conservatorship Mediation Pilot Project
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The Project
Background and Overview
Goals and Purpose
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Cases Not Appropriate for Referral
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Issues Not Appropriate for Mediation
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What to Refer
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How to Refer
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Mediation Model, Confidentiality, and the Role of the Mediator
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Mediation Participants and their Roles
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Protection of Rights, Safety and Balance of Power
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Appointment of Mediator and Scheduling
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Forms, etc.
For questions, comments or concerns, please contact:
Karen Largent, Project Coordinator
820 West Fourth Avenue, Anchorage, AK, 99501
907-264-8236 phone
907-264-8291 fax [email protected]
Alaska Court System Adult Guardianship/Conservatorship Mediation Pilot Project
Adult Guardianship/Conservatorship Mediation Pilot Project
Stakeholder Planning and Advisory Committee Members
Jack Duggan – Probate Master, Anchorage
Craig Stowers - Superior Court Judge, Anchorage
Anna Moran – Magistrate, Kenai Court, Probate Cases
Margaret Murphy – District Court Judge, Homer
Betty Wells – Court Visitor – ASAGA president
Susan Richmond – Supervisor, Probate, Anchorage
Wendy Lyford – Area Court Administrator – 3rd Judicial District
Christine Johnson – Deputy Director Court Administration
Holly Chari – Attorney General’s office
Brenda Mahlatini and Mary Weston – Adult Protective Services
Anita Alves – Office of Public Advocacy
Ernie Schlereth –Private Bar
Lisa Morely – Senior and Disabilities Services, Juneau
Greg Peters - Alaska Legal Services
Jim Parker – Office of Public Advocacy
David Fleurant - Disability Law Center
Glenn Cravez – Mediator, Chair, ADR Section of the Bar Association
Julie Holden - Project Coordinator, Center for Human Development
Andra Burns – Supervisor, Probate and Domestic Violence, Fairbanks
Consultants
Penny Hommel and Jim Bergman, Co-Directors of the Center for Social Gerontology,
Ann Arbor, Michigan, pioneers in the use of mediation in this area, facilitated the initial
Stakeholder Planning Meeting July 20, 2005, and are consultants to the project.
Mediation Trainers
Susan Butterwick, Susan Hartman, and Zena Zumeta who have been training mediators
in guardianship mediation since their groundbreaking work in this area began in the
early 1990s
Project Mediators
Kenai Peninsula
Kenai
Homer
Jim Kamph
Beth Selby
Heidi Chay
Dan Chay
Sara Acharya
Drew Peterson
Karen Largent
Pam Horazdovsky
Darlene Hilderbrand
Chris Laing
Anchorage
Glenn Cravez
Mia Oxley
Mel Henry
Jacqueline Bressers
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The Alaska Court System Adult
Guardianship/Conservatorship Mediation Pilot Project
Project Overview
5-Year pilot project funded by the Alaska Mental Health Trust Authority
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Years 1 & 2
o Pilot in Anchorage, Kenai, Homer and Palmer –
o Court cases only*
Years 3 – 4
o Pilot open to other interested court locations
o Consider expanding referrals to pre-filings
* ACS is exploring with Adult Protective Services a direct referral process prior to a court filing
Goals and Purpose
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Engage the adult, his or her family and others involved in a productive,
creative, problem-solving process addressing care, safety and capacity
concerns
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Seek creative and least restrictive options by exploring alternatives to
guardianship or conservatorship for meeting the needs of the adult
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Protect the adult’s autonomy and self-determination
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Prevent victimization of a vulnerable adult
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Create plans that reflect the real needs of the adult
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Increase communication and understanding among those involved
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Encourage consensus building among those involved
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Maintain supportive relationships
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Avoid the trauma and adversarial nature of a court proceeding
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Eliminate unnecessary appointments of guardians or conservators
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Provide those involved with a satisfactory decision-making process
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Conserve judicial resources for cases requiring that level decision-making
Alaska Court System Adult Guardianship/Conservatorship Mediation Pilot Project
Cases Not Appropriate for Referral
 Cases Requiring Quick Decisions
May be good opportunity, however, to refer to mediation to
consider other issues or address a temporary decision.
 Some Abuse, Neglect or Exploitation Cases
 Active Domestic Violence Protective Order
Issues Not Appropriate for Mediation
 Legal findings of fact or law
o Determination of legal capacity or incapacity
o
Determination of whether or not abuse, neglect or exploitation is
occurring, or occurred
How to Refer
 Any party or interested person may refer
o Request for Mediation Form
o Motion
o When Present in Court
 Judge/Master/Magistrate refers
A judicial Order of Referral is required
Cost
There is no cost to participants for the services of the mediator.
The mediator is paid from the grant.
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Alaska Court System Adult Guardianship/Conservatorship Mediation Pilot Project
What to refer? Examples…
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Is a guardian/conservator needed?
What are the safety concerns?
Is the level of risk understood?
Is the level of risk acceptable?
Should autonomy and self-determination be limited?
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The type or level of care or assistance that might be needed
What alternatives exist? How to decide?
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Who should provide services or care, or be guardian/conservator?
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Communication
How do we want to relate to each other? What information is needed or missing?
How do we share information with those who need it?
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Decision-making
Who should have the authority to make decisions?
What input, if any, should others have?
What kind of decision-making process feels fair, respectful and satisfying?
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Family disputes and impediments to decision-making
How should the family deal with disagreements?
How does the family deal with old relationship issues such as sibling rivalry?
How does the family deal with new relationship issues such as a new spouse or
companion; death of a spouse or caregiver?
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Financial decisions
How should money be spent? How should investments be handled?
What to do about “unwise” spending
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Living arrangements
Where? With whom? How to decide?
How much independence or supervision?
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Health/Medical care decisions
What care is needed? Who should provide it?
How should medical decisions be made?
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Needs of other family members and caregivers
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Post-appointment issues
Many of the above. Disagreements with the decisions made by the
guardian/conservator. Is guardian/conservator still needed?
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Alaska Court System Adult Guardianship/Conservatorship Mediation Pilot Project
Mediation Model and Role of Mediator
Facilitative, problem-solving model
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Decision-making rests with necessary participants
Confidential
Probate Rule 4.5
Confidentiality and Mediation Agreement
Exceptions
Voluntary
Court Order of Referral
Mediator’s Role
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Neutral, impartial facilitator
Not give advice
Not evaluate strength of case, who has best ideas, right or wrong
Not an advocate for any one person, but responsible to the whole group
Orientation & preparation of the parties
Assess safety, capacity, & appropriateness to mediate
Set the tone
Establish ground rules
Provide the group with structure and tools
Help participants clarify issues and set agenda
Facilitate information sharing
Reduce the obstacles in communication
Help participants identify their interests (needs and concerns) and to
Build on common ground)
Work with power imbalances
Maximize the exploration of options
Ask questions
Raise unrepresented interests
Reality-test possible agreements
Empowers the group so it doesn’t have to resort to outside parties, such
as the courts, to make the decisions
Stages of Mediation
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o
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Preparation, Orientation & Screening
Share information, goals and set agenda
Discuss interests
Brainstorm options for solution
Evaluate options
Reach agreements and document
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Alaska Court System Adult Guardianship/Conservatorship Mediation Pilot Project
Possible Participants in Mediation
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Adult (respondent, ward, protected person) and Adult’s attorney
Petitioner and Petitioner’s attorney
Family of the adult and their attorney(s)
Guardian ad litem
Court Visitor
Adult Protective Services Worker
Assistant Attorney General
Guardian/Conservator
Other interested persons
Others
Necessary Participants in Mediation
In considering who is necessary to participate in mediation it is important to
understand the nature of the dispute, decision or plan that needs to be made.
Necessary participants are not limited to the legal parties in the court case, nor
are the legal parties always necessary participants.
A necessary participant in mediation is someone who has an opinion about the
issues being discussed, who has a stake in the outcome, and who is
necessary to agree on a resolution of the issues.
Necessary participants may be key to the effectiveness of mediation, if a
necessary participant is not able to participate in the mediation, it may not be
appropriate to hold the mediation.
Capacity to Mediate
Factors to consider in determining whether someone has the capacity to mediate
as a necessary participant include:
 Can he or she understand what is being discussed?
 Does he or she understand who the parties are?
 Does he or she understand the role of the mediator
 Does he or she understand the idea of mediation and how it will
proceed?
 Can he or she listen to and understand the story of the other
party?
 Can he or she generate options for a solution?
 Can he or she assess options?
 Is he or she expressing a consistent and clear opinion or
position?
 Can he or she make and keep an agreement?
And, what accommodations may be necessary to maximize one’s capacity?
The participation of legal counsel, and/or an advocate, may be an essential part
of the accommodation.
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Alaska Court System Adult Guardianship/Conservatorship Mediation Pilot Project
Roles of Mediation Participants
General Roles of Necessary Participants
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Talk to or meet with the mediator before the joint session
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Understand the mediation process and role of the mediator
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Share and receive information
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Know your decision-making authority
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Understand your goals – what you want
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Understand your interests – your needs and concerns
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Express your needs and concerns
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Listen to the needs and concerns of others
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Brainstorm possible solutions
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Be open to options for meeting your needs and concerns
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Be a resource
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Maintain confidentiality
More Specifically….
The Adult, Respondent or Ward
The role of the adult in mediation is to truly have a voice in the process, to
articulate his or her needs, concerns and wishes, and to participate in the
negotiation of a resolution agreeable to the adult.
As a general rule, mediation does not take place without the presence of the
adult whose needs are being discussed (unless that person is not deemed to be
a necessary participant.)
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Alaska Court System Adult Guardianship/Conservatorship Mediation Pilot Project
Attorney for Respondent or Ward
Generally, it is essential that the attorney for the respondent or ward participate
in the mediation process. Attorneys tend to take a different role in mediation than
they do in court. In mediation the role of the attorney is to assist the client in
presenting his or her wishes, to help draft agreements and to advise him/her on
possible outcomes or alternatives
Family of Respondent or Ward
Often family members are central to the conflicts that are referred to mediation,
or to the decisions that need to be made. In those cases family are also
necessary participants to mediation.
Guardian ad litem
In some cases, a guardian ad litem (GAL) may be appointed as a legal advocate
for the respondent. This occurs when the degree of impairment is such that the
respondent is unable to effectively communicate his or her position regarding the
protective proceedings to an attorney. The GAL is then responsible for
advocating for what the GAL believes to be the best interests of the respondent,
as opposed to his or expressed wishes. If a GAL has been appointed he or she
will be a necessary participant in any mediation.
Adult Protective Services Worker
When Adult Protective Services (APS) is involved in a court case that has been
referred to mediation, the APS worker may, depending upon the issues being
mediated, be a necessary participant in mediation. The APS worker brings the
state’s perspective of what is necessary to protect the adult, and it may be
essential that those interests are satisfied in any agreements that are reached.
When APS is the petitioner they will be a necessary participant, although their
participation may be structured in various ways.
Assistant Attorney General
The Assistant Attorney General (AG, or AAG) is the attorney for APS. The AG
provides legal advice to the APS worker and represents the interests of the state
in protecting the adult. The AG is a necessary participant in mediation when the
APS worker participates in mediation unless the APS worker and the AG agree
that the APS worker will participate without the AG present.
Court Visitor
The court visitor is appointed by the court when a petition is filed for guardianship
and may be appointed when a petition is filed for conservatorship. The visitor
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Alaska Court System Adult Guardianship/Conservatorship Mediation Pilot Project
conducts an independent investigation of the needs of the adult, prepares a
written report with recommendations and submits it to the court.
The important role of the visitor as an agent of the court may be in conflict with
their role as a participant in mediation. Therefore, the following issues are to be
considered in deciding whether or not the visitor will participate in mediation.
Possible Dilemmas Involving Confidentiality
If the visitor learns something in mediation that the visitor thinks is necessary
information to be included in the report, then a dilemma may exist. Even the
perception of the potential for this to occur could have a chilling effect on the
mediation process.
Parties might be reluctant to talk openly and discuss real needs, concerns, and
options because of the potential for that information to not be kept confidential.
The visitor could be faced with the dilemma of not being able to include vital
information because the only source was mediation.
The participants may perceive a breach in confidentiality if the visitor includes in
a report, information that was discussed in mediation, but that the visitor also
learned independently. That perception of a breach may cause the participants
to feel betrayed, angry and disempowered, undermining the goals of the
mediation process and of this program itself.
Desire for Autonomy, Self Determination and Privacy
Participants often seek mediation for the autonomy, self-determination and
privacy it offers. If a participant feels that the presence of the visitor in mediation
might compromise those goals then the visitor should not participate.
If the parties and necessary participants elect to include the visitor in mediation, it
is with the understanding that it is not necessary for the visitor to agree with plans
or decisions the participants reach in order for them to submit those agreements
to the court. In other words, the visitor does not have veto power in mediation
over the parties’ agreements, and two different recommendations might be made
to the court, through the mediated agreement and in the visitor’s report.
Possible Benefits
While possible risks associated with including the visitor in mediation have been
discussed, there may also be potential benefits from involving the visitor in
mediation.
It may be very helpful for the court visitor to participate in mediation after the
completion of their report. Once the report is completed it may be made available
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Alaska Court System Adult Guardianship/Conservatorship Mediation Pilot Project
to the participants in mediation. Participants in mediation will then be able to
consider the information and recommendations in the report as they discuss their
options and possible agreements or plans in mediation.
If the mediated plan is in conflict with the visitor’s recommendations, then the
visitor may be invited to discuss this with the parties in mediation. If the visitor
agrees to participate in mediation, a negotiated agreement between those in
mediation and the court visitor may be the result. Even if agreement between the
visitor and participants in mediation is not reached, each may have a better
understanding of the other’s perspectives.
Because the focus of both mediation and the court visitor’s investigation may be
to come up with a plan for the adult, and because both mediation and the
investigation may be going on somewhat simultaneously, some coordination of
the results of these efforts may be beneficial. If the adult and other participants
agree to the participation of the visitor in mediation, and the visitor agrees to
participate, then they may be able to engage in a useful exchange of information
and ideas that could lead to well-informed mediated agreements and visitor
report and recommendations that may also be in harmony.
Participation of the Visitor is at the Discretion of the Necessary Mediation
Participants
The participation of the court visitor in mediation is at the discretion of the
necessary participants in mediation. There are risks inherent in the inclusion of
the visitor in mediation and the mediator must discuss those risks with the
participants so that they are understood and so that any decision to include the
visitor is truly an informed one. The mediator may not allow the visitor to
participate in mediation over the objection of a necessary participant. There are
also potential benefits to the inclusion of the visitor in mediation and those should
also be considered. The decision of whether or not to include the court visitor
made should be made on a case by case basis.
Authority to Enter into Agreements
It is imperative that necessary participants in mediation have the authority to
commit to agreements that may be made. Whether family members, APS
workers, or representatives from other agencies or organizations, each person
should enter into mediation prepared to sign agreements reached in mediation.
Roles of Other Participants
Others who may be involved in mediation include:
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Treatment, care or service providers who may be able to provide needed
information
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Alaska Court System Adult Guardianship/Conservatorship Mediation Pilot Project
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Spokesperson for available resources
Spokesperson for potential benefits or entitlements
The mediator will discuss with the parties potential advantages and
disadvantages of non-party participation. The mediator, in consultation with the
parties, decides the nature and extent of participation by non-parties.
Protection of Rights, Safety
and Balance of Power
Due Process
The Adult’s Rights
 Participation and Inclusion
 Legal Counsel
 Consent to use of medical records
Safety
Balance of Power
Mediator Responsibility
Ultimately, it is the responsibility of the mediator to determine, within program
policy, the appropriateness or inappropriateness to mediate, or to continue or
discontinue mediation.
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Alaska Court System Adult Guardianship/Conservatorship Mediation Pilot Project
Confidentiality and Mediation Agreement
This is an agreement to come together to communicate freely in an effort to
resolve concerns. We have entered into mediation with
, referred to as the mediator.
I understand and agree that:
1.
The mediator is a neutral person who will assist us in our discussion and
to reach our own agreements, if we do reach agreements. The mediator
will not make decisions about “right” or “wrong” or tell us what to do.
2.
The mediator is not an advocate for any one person, nor does the
mediator give advice, nor act as a therapist or counselor in mediation.
3.
Participation in mediation is voluntary. No one gives up any rights to due
process under law if we do not reach agreement in mediation. While I
intend to continue with mediation as long as it is productive, I understand
that anyone may withdraw from mediation at any time.
4.
In general, the mediator will treat all information provided during mediation
sessions as confidential. Unless otherwise agreed, the mediator will keep
information from mediation confidential. Any discussion I have privately
with the mediator will be kept confidential by the mediator, unless we
agree otherwise. The mediator may talk with our attorneys.
5.
An exception to confidentiality is that new allegations of child or adult
abuse/neglect and threats of harm or actual harm to someone may be
reported to the necessary authorities by the mediator or other participants.
6.
I agree not to provide information from this mediation to any person or
organization outside this mediation unless we all agree.
7.
Conduct, statements and notes made during the mediation process by the
participants and/or the mediator are confidential and may not be used as
evidence in a court proceeding, nor may any information gained solely
through this mediation.
8.
However, when we reach agreements, (meaning that we put our decisions
into writing and we all sign them) we are also agreeing that we intend
them to have legal effect and to be legally enforceable. That means they
may be filed with the court, subpoenaed, called for, or produced in any
proceeding to which they are relevant. If we do not want our written
agreements to be filed with the court, we will specify that in the
agreement.
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Alaska Court System Adult Guardianship/Conservatorship Mediation Pilot Project
9.
Unless our decisions are put in writing and signed by all who are part of
them, they are not considered agreements and they remain confidential,
and cannot be discussed in court.
10.
Each participant is advised to retain his or her own attorney for legal
counsel about his or her legal rights, interests, and obligations, and to
consult with them regarding any written agreements that may result from
this mediation process.
11.
This Confidentiality and Mediation Agreement itself is not confidential.
12.
I will not at any time (before, during, or after mediation of this dispute), call
the mediator to testify, nor will I subpoena or call for the production of any
records, notes, or work product of the mediator, in any legal or
administrative proceeding concerning this case.
13.
If the mediator determines that it is not reasonable or productive to
continue in mediation, the mediation can be terminated.
I have read, understand, and agree to each of the provisions of this agreement.
Signature
Date
(Please print name_____________________________________________)
Relationship to the adult ____________________________________________
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Alaska Court System Adult Guardianship/Conservatorship Mediation Pilot Project
Probate Rule 4.5. Mediation and Other Forms of Alternative Dispute Resolution.
(a) Application. This rule applies to all actions filed under Title 13. At any time
after an action under Title 13 is filed, an interested person as defined in AS
13.06.050(24) may file a motion with the court requesting mediation for the
purpose of providing an alternative to litigation. The motion must address how
the mediation should be conducted as specified in paragraph (b), including the
names of any acceptable mediators. In matters not covered by AS 25, the court
may order mediation in response to such a motion, or on its own motion,
whenever it determines that mediation may result in an equitable settlement. In
making this determination, the court shall consider whether there is a history of
domestic violence between the interested persons which could be expected to
affect the fairness of the mediation process or the physical safety of the domestic
violence victim. Mediation may not be ordered between the parties to, or in, a
case filed under AS 18.66.100 -- 18.66.180.
(b) Order. An order of mediation must state:
(1) the name of the mediator or how the mediator will be decided upon;
(2) any changes in the procedures specified in paragraphs (d) and (e), or any
additional procedures;
(3) that the costs of mediation are to be borne equally by the interested persons
unless the court apportions the costs differently; estate funds may be used to pay
the costs of mediation only upon order of the court or agreement of all persons
whose interests would be affected by payment from the estate; and
(4) a date by which the initial mediation conference must commence.
(c) Challenge of Mediator. Each interested person has the right once to
challenge peremptorily any mediator appointed by the court if the "Notice of
Challenge of Mediator" is timely filed pursuant to Civil Rule 42(c).
(d) Mediation Briefs. Any interested person may provide a confidential brief to
the mediator explaining its view of the dispute. If an interested person elects to
provide a brief, the brief may not exceed five pages in length and must be
provided to the mediator not less than three days prior to the mediation. An
interested person's mediation brief may not be disclosed to anyone without the
person's consent and is not admissible in evidence.
(e) Conferences. Mediation will be conducted in informal conferences at a
location agreed to by the interested persons or, if they do not agree, at a location
designated by the mediator. All interested persons shall attend the initial
conference at which the mediator shall first meet with all participants. Thereafter
the mediator may meet with the participants separately. Counsel for an interested
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Alaska Court System Adult Guardianship/Conservatorship Mediation Pilot Project
person may attend all conferences attended by that person. If the mediator
believes the presence of third parties is critical to the resolution of a case, the
mediator may request them to attend the mediation.
(f) Authority of Mediators. Mediators shall work with the interested persons to
facilitate agreements on substantive and procedural matters and attempt to aid in
the voluntary resolution of cases. Mediators shall not issue decisions or make
procedural or substantive recommendations to the court.
(g) Termination. After the initial joint conference and the first round of separate
conferences if separate conferences are required by the mediator, an interested
person may withdraw from mediation, or the mediator may terminate the process
if the mediator determines that mediation efforts are likely to be unsuccessful.
Upon withdrawal by an interested person or termination by the mediator, the
mediator shall notify the court that mediation efforts have been terminated.
(h) Confidentiality. Mediation proceedings shall be held in private and are
confidential. Unless otherwise ordered, the mediator shall not testify as to any
aspect of the mediation proceedings. Evidence of conduct or statements made in
the course of court-ordered mediation shall be inadmissible to the same extent
that conduct or statements are inadmissible under Alaska Rule of Evidence 408.
This rule does not relieve any person of a duty imposed by statute.
(i) Stipulation. If the mediation is successful, the interested persons shall
prepare and file with the court a stipulation setting forth their agreement.
(j) Other Forms of Alternative Dispute Resolution.
(1) Early Neutral Evaluation. Parties or the court may use the procedure set out
in this rule to refer a case to early neutral evaluation instead of mediation. All
provisions of this rule apply to a case in which early neutral evaluation has been
ordered under paragraph (a).
(2) Settlement Conference. At any time after a complaint is filed, a party may file
a motion with the court requesting a settlement conference with a judge for the
purpose of achieving a mutually agreeable settlement. The court may order a
settlement conference in response to such a motion or on its own motion. (SCO
1317 effective July 15, 1998)
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Alaska Court System Adult Guardianship/Conservatorship Mediation Pilot Project
SUPERIOR COURT FOR THE STATE OF ALASKA
AT _______________________________
In the Matter of the Protective Proceeding of
Respondent/Ward or Protected Person
)
)
)
)
)
)
CASE NO.
REQUEST FOR COURT SPONSORED GUARDIANSHIP MEDIATION
I am requesting a referral to the court sponsored guardianship mediation program. I am:
Respondent/Ward (or attorney)
Petitioner (or attorney)
Court Visitor
GAL
guardian or conservator
Other (family, domestic partner, etc.) and my relationship
to the person is_________________________________________________________.
In order to make the best plan, I think the following people should participate in the
mediation:
NOTE: If you need to add more names, please write on back.
Name
Relationship
Mailing Address
Phone
I think mediation should focus on the following areas or issues of concern:
Date
Signature
Request Approved by Judge/Master/Magistrate:
Type or Print Name
Yes (Order of Referral will be distributed)
No (this notice denying request will be distributed)
Signed______________________________
Mailing Address
City
State
ZIP
Judge/Master/Magistrate
Date____________________
Contact Telephone Number(s)
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Alaska Court System Adult Guardianship/Conservatorship Mediation Pilot Project
IN THE SUPERIOR COURT FOR THE STATE OF ALASKA
AT _______________________________
CASE NO.
In the Matter of:
___________________________
ORDER OF REFERRAL TO MEDIATION - ADULT GUARDIANSHIP
This matter is pending before the court on a Petition for ______________filed on ___________.
A request for mediation has been received. After review of the case, the court finds that this
matter is appropriate for referral to mediation..
or
The court has reviewed this case and finds that this matter is appropriate for referral to
mediation.
THEREFORE IT IS ORDERED that:
1.
is appointed as mediator. The issues referred
for mediation include, but are not necessarily limited to:__________________________
____________________________________
________________________________________________________________________
2. Time and date for initial joint mediation session to be scheduled by mediator with the parties
so that mediation is completed no later than__________________________________(date).
3. The mediator will contact the parties for pre-conference meetings. The initial joint mediation
session will occur at a location acceptable to the participants, or as directed by the mediator.
4. The mediator is authorized access to confidential information including the court file.
Attorneys are strongly encouraged to attend the joint mediation session. Attorneys may also
accompany their clients to the orientation meeting with the mediator. The purpose of the
orientation meeting is to explain the process, identify necessary participants and begin to identify
issues to be resolved.
The joint mediation session(s), and orientation meetings are private and confidential. No
participant in mediation may reveal statements, conduct, notes or the substance of negotiations
which occur in mediation to anyone outside of mediation unless the parties agree otherwise.
Exceptions to confidentiality will be discussed by the mediator and in the Confidentiality and
Mediation Agreement. Reference Probate Rule 4.5 and regarding other confidentiality provisions
Mediation is voluntary. Parties fulfill their obligation under this order by participating in an
orientation meeting with the mediator and, unless excused by the mediator, attending the initial
joint mediation session. Any party not wishing to continue with mediation after attending the
initial joint mediation session may withdraw from the process. The mediator, in consultation with
the parties, shall determine if it is appropriate to continue with the mediation.
There are no accommodations for childcare and, unless specifically requested, children may not
attend the mediation.
Date:
Superior Court Judge/Master/Magistrate
On _______(date) copies were sent to: __Judiciary __Respondent’s Atty __Petitioner(‘s Atty) __Mediator __GAL
___ Court Visitor __Dispute Resolution Coordinator, __ other interested persons:.
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Alaska Court System Adult Guardianship/Conservatorship Mediation Pilot Project
SUPERIOR COURT FOR THE STATE OF ALASKA
THIRD JUDICIAL DISTRICT AT ___________________________
In the Matter of
)
)
)
CASE NO.
NOTICE OF OUTCOME of MEDIATION
Mediation in the above referenced case(s) was concluded on (date)_________ with the
outcome below:
I.
Participants attended the Initial Joint Mediation Session and:
a.
Did not reach agreements
b.
Reached agreement(s) on some or all issues, and
1. Put their agreements on record in court
2. A written agreement will be prepared by
(date)___________ by (whom)_____________________________
3. Written agreements have been prepared
(If 2 or 3)
Written agreements are to be
filed with the court by an attorney___________________.
filed with the court by a participant _________________.
put on record with the court on ___________________(date).
the parties will file a request to put their settlement on record.
Written agreements are NOT to be filed with the court
II.
After attending the Initial Joint Mediation Session one or more
necessary persons elected not to mediate and mediation did not proceed.
III.
One or more necessary persons did not attend the Initial Joint Mediation
Session and mediation did not proceed.
IV.
Mediator terminated mediation as inappropriate at this time.
V.
The deadline for completion of mediation on the Order of Referral
(or 45 days) has passed and no mediation has been scheduled.
VI.
Order of Referral to mediation was vacated.
Signed: ___________________________________,Mediator
Date: ______________
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