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.

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