What happens if an agreement is not reached at a mediation hearing?
If an agreement is not reached at a mediation hearing in Alaska, either party may pursue alternative dispute resolution (ADR) options such as arbitration or litigation. Arbitration is a legally binding means of dispute resolution outside of court. One or more private arbitrators, chosen by the parties, are responsible for listening to arguments from both sides, reviewing evidence, and issuing a legally binding decision that is enforceable in court. The result of arbitration is often called an “award.” If arbitration does not resolve the dispute, the parties may turn to litigation – that is, filing a lawsuit and having the case heard in court by a judge or jury. This generally requires more time and resources to accomplish than mediation or arbitration, but it is an option if other forms of ADR have not been successful. In either case, a party can also choose to end the ADR process without a resolution if he or she chooses. It is important to remember, however, that regardless of the outcome of the ADR process, the parties involved can have their dispute heard in a court of law if they choose.
Related FAQs
What is mediation?What is the role of the mediator in a mediation process?
What is the timeline for a mediation process?
How is the arbitration process different from the private judging process?
What is collaborative law?
What are the benefits of using mediation?
Can discovery be conducted in a mediation process?
How are decisions made in an alternative dispute resolution process?
What is the role of the court in a collaborative law process?
What types of evidence can be presented at an arbitration hearing?
Related Blog Posts
What is Alternative Dispute Resolution Law and How Can it Help You? - July 31, 2023Comparing Alternative Dispute Resolution to Traditional Court Litigation - August 7, 2023
The Benefits of Adopting Alternative Dispute Resolution for Conflict Resolution - August 14, 2023
Exploring the Different Types of Alternative Dispute Resolution - August 21, 2023
Navigating the Legalities of Arbitration in Alternative Dispute Resolution - August 28, 2023