What happens if the parties reach an impasse during mediation?

If the parties reach an impasse during mediation, the mediator can help them brainstorm solutions for breaking the deadlock, or can suggest other alternative solutions that the parties may not have considered. In some circumstances, the mediator may call for a brief break in which each party can think about the situation further, or take time to reflect on potential solutions. The mediator may also ask the parties to provide additional information to help them reach a decision. If the parties are still unable to reach an agreement, the mediator may inform them that the mediation process has ended. The mediator should also encourage the parties to explore other means of resolving the dispute, such as arbitration or litigation. Alternatively, the mediator may refer the parties to a different mediator, or suggest other resources that might be able to help. In Alaska, the mediator has no power to make a binding decision regarding the dispute, as mediation is meant to be a voluntary and collaborative process. Ultimately, it is up to the parties to decide how to proceed after reaching an impasse during the mediation process.

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