What is the legal effect of a decision reached at an alternative dispute resolution hearing?

In Alaska, the legal effect of a decision reached at an alternative dispute resolution hearing depends on the type of process used. Generally, if an agreement is reached, the terms of the agreement become legally binding and both parties are obligated to uphold their part of the agreement. If a decision is made by an impartial third party, such as a mediator or arbitrator, the decision is legally binding and both parties must comply with its terms. This is known as a binding decision and it is enforceable in court. If the parties decide on a non-binding process, such as mediation or negotiation, the decision will not be binding. In this case, the agreement reached will not be legally enforceable unless the parties decide to document it and have it recognized as a legally binding court order. It is important to note that not all decisions reached through alternative dispute resolution are legally binding. When an agreement is reached, it is important to make sure that it is documented properly and that the parties are aware of the legal effect of the decision so that there are no misunderstandings later on.

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