How are decisions made in an alternative dispute resolution process?

In Alaska, decisions made in an alternative dispute resolution process are typically reached through a process known as negotiation and mediation. During negotiation, both parties discuss the dispute and try to come to an agreement. The negotiation process can be assisted by a trained, impartial third party known as a mediator or facilitator who helps the parties discuss the problem and reach a mutually acceptable resolution. Mediation is similar to negotiation, but it involves a mediator who presents potential solutions and attempts to guide the parties to a consensus. In a mediation process, the mediator does not give advice or make decisions; instead, he or she acts to help the parties reach an agreement they can both live with. Finally, arbitration is a process where a neutral third-party known as an arbitrator makes the decision. In arbitration, both parties present their cases and the arbitrator issues a decision. Generally, the decision of the arbitrator is binding and final, and the parties must abide by it. Alternative dispute resolution processes such as negotiation, mediation, and arbitration provide an effective and efficient way for parties to settle their disputes in Alaska. These processes often offer the parties the opportunity to reach a mutually acceptable resolution in a much shorter period of time than if they were to go through the traditional litigation process.

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