What types of cases are not suitable for alternative dispute resolution?

Alternative Dispute Resolution (ADR) law in Alaska promotes resolving cases without the need for traditional litigation. While ADR can be helpful in many cases, there are some types of disputes which are not well-suited to ADR. Criminal matters are not suitable for ADR because of the need for the state to take action to protect society from dangerous individuals. ADR is based on the principle of the parties’ agreement and active participation in the process, and that is not possible in a criminal matter. Additionally, public policy cases are not suitable for ADR. Public policy cases involve matters that affect the public at large, such as civil rights issues, and the government must ensure that there is a hearing and decision. ADR can not ensure that occurs. Finally, cases involving minors are not suitable for ADR because minors are not legally capable of entering into a contract and participating in the process. It is up to courts to determine the best interests of the child. In conclusion, ADR can be a great tool for resolving many disputes, but there are cases which are not suitable for this process. Criminal matters, public policy cases, and cases involving minors are among those types of disputes which should not be addressed through ADR law in Alaska.

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