AK ODR - Claimant
Frequently Asked Questions (FAQs)
How do I start an AK ODR case?
What is the difference between a small claims and civil debt collection case?
If I already have an open court case, where can I find my case number?
If I already have an open court case, should I tell my judge I am using ODR?
How long does the respondent have to respond to my AK ODR invite?
What if the respondent doesn’t respond?
How do I prepare for ODR?
How will I know if things are happening in the case?
Are there templates I can use to help me draft an agreement?
What if I don’t like the proposed agreement from the other participant?
What happens if we reach an agreement to settle our dispute?
What happens if we don’t reach an agreement to settle our dispute?
What happens if the other side doesn’t follow our agreement?
Are there resources to help me?
► How do I start an AK ODR case?
Visit AK ODR.
► What is the difference between a small claims and civil debt collection case?
In AK ODR, you can start a small claims case if you are asking for less than $10,000. You can start a civil debt collection case if you are asking for less than $100,000.
► If I already have an open court case, where can I find my case number?
The case number should be on your court papers. The number is usually in the top-right corner of the first page. Your court case number should look something like: 4AN-23-00001CI. You can also look up your case using your name at Alaska CourtView.
► If I already have an open court case, should I tell my judge I am using ODR?
Yes. If you and the other side are using AK ODR to try to reach an agreement it is a good idea to let your judge know at a hearing. Using AK ODR does not automatically stop your court case or change the date of any hearings. If you would like to change the date of your hearing, you will need to get the other participants agreement and then ask permission from the judge by filing Joint Motion (Request) to Continue Next Hearing, CIV-322 or you can file a Request for Continuance, SC-23.
► How long does the respondent have to respond to my AK ODR invite?
The respondent has 14 days to respond to your invitation.
► What if the respondent doesn’t respond?
If you do not have an open court case, and the respondent doesn’t respond, you can start a court case to resolve your dispute. Visit the Self-Help Website and read more about starting a court case.
If you already have an open court case, only the plaintiff or petitioner can start a case in AK-ODR. It is usually a good idea to ask the other side if they want to participate in AK-ODR before you start your case, but you don’t have to. If the other side does not respond, you will proceed with your existing court case.
► How do I prepare for ODR?
- Learn about AK ODR: Learn how to navigate the platform, access the Knowledge Base, and use the features.
- Gather Information: Get all relevant documents, emails, or records related to the dispute. Having this information organized and ready will help you tell your side of the dispute.
- Know Your Goals: What do you want to happen? What things are most important to you? What things are you willing to compromise on? Be clear with the other side about what you want the agreement to be.
- Use Good Communication: AK ODR relies on written communication, so it's important to be clear and respectful in your messages. Avoid using aggressive or upsetting language.
- Stay Open-Minded: Listen to the other side and consider different solutions. AK ODR focuses on finding a resolution that is agreeable to both sides. It is important to be flexible and to keep an open mind.
- Be Patient: AK ODR can take time. Be patient and trust that progress is being made.
- Maintain Confidentiality: Respect the confidentiality of AK ODR. Avoid discussing the details of the dispute with others. If any of the documents you are showing the other side have private information, such as social security numbers, make sure to remove that information.
► How will I know if things are happening in the case?
AK ODR will send you an email when another participant does something in your case. It is a good idea to log into the platform frequently to check for any updates.
► Are there templates I can use to help me draft an agreement?
Yes. The Alaska Court System created templates that can help you and the other side come to an agreement. With these templates, you will be able to address many of the issues judges expect to be addressed in an agreement.
► What if I don’t like the proposed agreement from the other participant?
If the other participant sends you a proposed agreement, you can accept or reject it. If the offer doesn’t work for you, it’s helpful to use AK ODR’s message feature to explain why you don’t like the proposal so you can continue to talk about finding an agreement that will work for both of you. You can also send them a new offer that you think will be agreeable to both of you.
It may take time to reach an agreement that both parties find acceptable. Be patient. Communicate clearly. Be willing to work with the other side.
► What happens if we reach an agreement to settle our dispute?
If you have an open court case:
- You can ask a judge to sign the agreement and make it a court order. If the judge does not have any questions about the agreement, the judge will sign the agreement. If the judge has questions about the agreement, the court will send you both a scheduling order for a court hearing.
- You can ask the court to dismiss the case and follow the agreement without a court order. Your case will be dismissed with prejudice. This means that neither of you can reopen the case. This is most common when participants reach an agreement and both have done everything they agreed to do. For example, in a debt disagreement, if 1 participant agreed pay the other $500 and has already paid them, one choice is to dismiss the case without asking for a court order.
If you do not have an open court case:
- You can ask a judge to sign the agreement and make it a court order. If you choose this option, there is a $25 fee to open a court case and send your agreement to the judge. If the judge does not have any questions about the agreement, they will sign the agreement. If the judge has questions about the agreement, the court will send you both a scheduling order for a court hearing.
- You can follow the agreement you came to without the court getting involved. This is most common when participants reach an agreement and both have done everything they agreed to do.
► What happens if we don’t reach an agreement to settle our dispute?
If you don’t reach an agreement and you have a court case, the court case proceeds as normal. If you don’t have a court case, you are in the same position as you were before using AK ODR. One of you may decide to start a court case to resolve the dispute.
But be aware that a case may be legally barred if you do not start the case within a certain amount of time. This is called the statute of limitations. For example, a case to collect a debt based on a contract usually must be started withing 3 years. This can be complicated and you may want to talk to a lawyer.
► What happens if the other side doesn’t follow our agreement?
When the other side is not following the agreement, the first step is to contact them and ask them to do what the agreement says by a specific date. Keep a copy of your request and any response you receive. Hopefully they will follow the order and you won't need to go back to court.
If you have a court case:
- If the other side does not follow the agreement and you want to enforce it, you can file a Motion & Affidavit to Convert Settlement Agreement into a Judgment, CIV-490. If the court enters a judgment, you may then ask the court to issue a writ of execution (a court order to enforce a judgment). You can use a writ of execution to take funds from the other side’s paycheck, PFD, or their bank account.
- If you had a court case and asked the court to dismiss the case because you reached an agreement, and you did not get a court order, you can ask the court to help enforce the agreement but you will need to file a new court case and pay a new filing fee. To start a new case, you have to file a document called a complaint. You can use Complaint to Enforce AK ODR Agreement, CIV-325. When you file the complaint with the court, you must also pay a $250 filing fee. The case will only be about whether you both did or did not follow the agreement. You cannot relitigate the original dispute the that resulted in you coming to an agreement.
If you do not have a court case:
- If you and the other side never had a court case about this dispute, but signed an agreement to resolve the dispute, you can ask the court to enforce the agreement by filing a court case. To start a new case, you have to file a document called a complaint. You can use Complaint to Enforce AK ODR Agreement, CIV-325. When you file the complaint with the court, you must also pay a $250 filing fee. If the court finds that you had an agreement and the other side did not follow that agreement, you can ask the court for a judgment and a writ of execution (a court order to enforce a judgment). You can use a writ of execution to take funds from the other side’s paycheck, PFD, or their bank account.
You can read more about What to do if the other side isn’t following the agreement and How to collect on a judgment.
► Are there resources to help me?
Yes. If you have an AK ODR account, the Knowledge Base has all the information participants need to use the platform. The Knowledge Base icon looks like this and can be found in the upper right corner of the screen when you are in the platform.
Additionally, the court’s Self-Help Website has information about each case type that parties should review before starting AK ODR.