When should mediation not be used?
Mediation law in Alaska should not be used when there is an ongoing investigation or when there is a risk of either party experiencing coercion. Mediation should also not be used when one party is not willing to participate or feel safe in the process. Additionally, mediation should not be used when one of the parties has a mental illness that could prevent them from making sound decisions. Lastly, it is important to note that mediation is not appropriate in matters of criminal law, since this tends to involve a power imbalance between individuals that might be difficult to resolve through negotiation or compromise. It is always important to approach mediation with caution, keeping in mind that it is not suitable in all situations. It is thus important to speak with a lawyer or mediator in order to determine if mediation is an appropriate course of action in a given situation.
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