Mediation

Mediation is a confidential and informal way to resolve a dispute with the help of a neutral third person (mediator). The mediator works with both parties to help them reach a mutually agreeable solution to their differences.

Mediation proceedings are confidential and informal. The mediator can’t issue subpoenas or swear witnesses. The mediator can’t force the parties to resolve their differences. But the mediator can help the parties reach a solution agreeable to both of them.

If the parties work out all or some of their differences, the resolution – or agreement – is put in writing and signed by both the parties. Under Alaska Bar Rule 13(e), the agreement is considered a contract and is legally enforceable in court.

Matters that are not resolved are referred back to bar counsel. The dispute will then proceed through the appropriate grievance or Fee Arbitration Process.