What happens if an agreement is not reached in a collaborative law process?

If an agreement is not reached in a collaborative law process, the process usually ends and the parties may continue with their dispute through the court system. In Alaska, the collaborative law process is not legally binding, and the agreement is not legally enforceable. For parties that enter into the collaborative process in good faith, but fail to reach an agreement, sometimes the parties and the collaboratively trained attorneys may decide to continue the process while the parties pursue other methods of dispute resolution, such as mediation. The parties and their collaboratively trained attorneys may continue to work together until the parties are satisfied that they have a mutually acceptable resolution of their dispute. If the parties do not come to a resolution either through the collaborative process or another dispute resolution process, they will be forced to litigate their case in court. Litigation can be expensive and time-consuming and the court will decide the outcome of the dispute. This is why it is important for parties to try to resolve their dispute through alternative dispute resolution (ADR), such as collaborative law, whenever possible.

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