The State Bar Association of North Dakota Winter 2013 Gavel Magazine | Page 23

children are not left in the hands of strangers. Because the parties design the outcome, they can fine tune the agreement specific to their circumstances and needs. The parties make their own “informed” decisions. There is greater creativity, flexibility, and more personal attention. The mediation process allows the parties to speak and be heard. The parties work directly with the mediator, who will elicit, explore and generate options, help the parties negotiate, refine ideas, encourage decisionmaking and strive to find final agreement. The Courts are backlogged and understaffed with too many cases. Judges often do not have the time or opportunity to get to know each party or family and by necessity, must speak to the lawyers more than the people actually going through the litigation. Mediators are more able to work around the parties’ busy schedule, as opposed to a court, with its rigid operating hours and overflowing dockets. Mediation can even work when parties desire to mediate their disputes but cannot do so while in the same room, or the same state. Mediation can be achieved online via Skype or another online service, or via conference call or speaker phone.

It builds common ground, communication skills, and provides for greater longevity and stability to agreements. In contrast to the adversarial nature of the traditional litigation system, mediation seeks to improve parties’ understanding of each other and their ability to communicate. In the context of divorcing or separating parents who will need to co-parent for years to come, emerging from a divorce with the ability to communicate effectively and with respect is especially important. In the context of energy development disputes, the issues and damages are complex and impacted by numerous variables. Unique resolution options can be crafted through mediation and include a working business relationship to address the challenges that are to come not just those that have accrued in the present litigation. Everyone who runs a farm, ranch, or other business operation knows today’s points of conflict are just another stepping stone in the road and the challenges that tomorrow will bring. Burning bridges is a poor business plan. A mediator can help moderate, settle disputes and clarify or modify the parties agreement as time goes by. The mediator already knows the parties’ agreement, is attuned

to the parties’ business or families’ issues and dynamics. Mediation may not be the final solution for every case. However, even without an agreement reached through mediation, the parties often find the process helpful and rewarding. Given the low cost and ease of access to mediation, it is a worthwhile option to explore in even the most deadlocked cases.
Sandra K. Kuntz opened Legal Edge Solutions, PLLC, in Dickinson. in April 2012, as the first dedicated conflict resolution center in southwest North Dakota. Kuntz graduated summa cum laude from UND with a B.S. degree in public administration and received her J.D. degree, with distinction, from UND. She is licensed to practice law in the States of North Dakota, South Dakota, and Montana. She has focused her career in the areas of family law, juvenile defense, real estate, oil and gas, and also currently serves the cities of Medora and Belfield as their municipal attorney. Ms. Kuntz is a qualified neutral for family law, oil and gas, and civil mediation, as well as a certified guardian ad litem, parenting investigator, and parent coordinator. She is a member of the State Bar Association of North Dakota, the Montana State Bar Association, the State Bar of South Dakota, and the American Bar Association. When work doesn’t interfere with her fun, Sandra enjoys spending time with her family, training horses, gardening, fishing, hunting, and working with kids as a 4H leader.

The Gavel February 2013

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