What is the process of mediation?
Mediation is a type of Alternative Dispute Resolution (ADR) used to resolve a dispute without going to court. It is a voluntary process in which both sides of a dispute agree to meet with a neutral third party, known as a mediator. The mediator helps the parties reach a mutually acceptable resolution. In Alaska, the Rules of Civil Procedure provide procedures for court-connected mediation. The process begins when one of the parties files a request for mediation with the court. The court will then refer the case to a mediator who is qualified and experienced in the issues in dispute. The mediation process typically includes the parties, the mediator, and possibly attorneys. The mediator acts as a facilitator, helping the parties come to an agreement. The mediator may help identify issues, brainstorm solutions, and propose options. The mediator does not decide the outcome; instead, the mediator helps the parties reach a resolution that they both consider fair and acceptable. The mediator may schedule one or more mediation sessions, each lasting an hour or two in length. During the sessions, the mediator will ask questions, facilitate discussion, and offer suggestions. All discussions held during mediation are confidential. If the parties are able to reach an agreement, the mediator will draft a written document that outlines the agreement. Each party must sign the agreement in order for it to be legally binding. Once the agreement is signed by both parties, it becomes a legally enforceable contract. Mediation is often a quicker and more cost-efficient way to resolve a dispute than going through the court system.
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