Are there any limits to the extent of mediation?

Yes, there are limits to the extent of mediation in Alaska. Generally, all matters related to family law, such as child custody, child support, and adoption, are excluded from mediation. Further, if the results of the mediation would require a court to make a decision, then the matter is not appropriate for mediation. Additionally, if the dispute involves a matter that would require the court to interpret a statute or make a decision that could affect public policy, then it is not a suitable issue for mediation. Other matters that are not permitted in mediation include disputes over probate matters, such as wills and estates, since those decisions must be decided by a court. Mediation is also not appropriate for any actions where a party could face imprisonment or criminal liability, as that decision must be handled by the court. Lastly, if a case is in litigation, mediation is not allowed until the case is resolved. Issues surrounding the litigation, such as discovery, must be handled by the court and not through mediation. In summary, mediation is only suitable for certain types of disputes and cannot be used for all matters. Issues relating to family law, those which affect public policy, probate matters, criminal liability, or pending litigation cannot be handled through mediation.

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