Online Dispute Resolution (AK ODR)
General Information
- ▸ Frequently Asked Questions
- ▸ AK ODR
Claimant
(someone owes you money)
- ▸ Frequently Asked Questions
Respondent
(you may owe money to someone)
- ▸ Frequently Asked Questions
General Information
Frequently Asked Questions (FAQs)
What is AK ODR?
Is AK ODR free?
How long does it take?
Who are the parties in an AK ODR case?
What kinds of dispute resolution happens in AK ODR?
Is the process confidential?
When can I use AK ODR?
Is AK ODR only available for certain cases?
Who can start an AK ODR case?
Should I start using AK ODR before I start a court case?
What are the benefits of AK ODR?
What happens if the claimant and respondent reach an agreement to settle their dispute?
What happens if the claimant and respondent don’t reach an agreement to settle their dispute?
Is there more information about how to use AK ODR?
Can I use AK ODR on my phone?
Are there court rules about AK ODR?
► What is AK ODR?
AK ODR is the Alaska Court System’s new online dispute resolution (ODR) platform. AK ODR helps people resolve their disputes through mediation and negotiation. AK ODR has templates to help guide people to an agreement. AK ODR is asynchronous, meaning participants can work toward a resolution 24/7, on their own time. AK ODR is a pilot project. At this time, AK ODR offers negotiation and mediation for small claims and civil debt collection.
► Is AK ODR free?
Yes. AK ODR is free. But for participants who do not have an open court case who reach an agreement and want an order signed by a judge, the court filing fee is $25. Fee waivers are not available for AK ODR cases.
► How long does it take?
Because AK ODR is available 24/7, participants can come to an agreement quickly. If a mediator is helping participants, the mediator will not be available all the time. But, the mediator will help parties to come to an agreement as quickly as possible.
► Who are the parties in an AK ODR case?
- Claimant: The person who starts the AK ODR case. The claimant is the person who thinks the other person owes them money.
- Respondent: The person the claimant invites to participate in AK ODR. Usually, the respondent is the person who the claimant thinks owes them money.
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In some cases, there may be a Mediator: A neutral person who helps the claimant and respondent reach an agreement to resolve their dispute. The mediator does not tell the parties what to do, or decide who's right or wrong. The mediator will communicate with both parties either separately or together and help draft an agreement. The mediator helps:
- figure out the important issues,
- explain each participant’s proposals,
- clear up misunderstandings, and
- explore creative solutions.
► What kinds of dispute resolution happens in AK ODR?
- Negotiation: Negotiation is when the claimant and respondent try to work together to come to an agreement themselves. AK ODR has messaging features and templates to help participants communicate and propose agreements.
- Mediation: Mediation is when the mediator helps the claimant and respondent reach an agreement to resolve their dispute.
► Is the process confidential?
In negotiation, AK ODR allows you to exchange proposed agreements. These proposed agreements cannot be used in any future court case. However, if you share documents, the other side may be able to use them in a future court case. This can be complicated. Read: Evidence Rule 408.
In mediation, Administrative Bulletin 99 adopts the confidentiality provisions in Alaska Rules of Civil Procedure 100(g) and applies them to all mediations conducted as part of AK ODR. You also have to agree to certain confidentiality rules before starting mediation.
► When can I use AK ODR?
Participants can use AK ODR both before and after they file a case with the court.
► Is AK ODR only available for certain cases?
Yes. Right now, you can only use AK ODR for small claims and district court civil debt collection cases. AK ODR is a pilot program and there are plans to add more case types in the future.
► Who can start an AK ODR case?
- If you have an open court case, the plaintiff has to start the AK ODR case.
- If you do not have an open court case, the person who thinks the other person owes them money has to start the AK ODR case.
► Should I start using AK ODR before I start a court case?
It depends on your situation. It is usually a good idea to talk to the other side before starting a court case. AK ODR may help you talk to the other side and resolve your dispute without even having to start a court case. But be aware that your case may be legally barred if you do not start it 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 must usually be started withing 3 years. This can be complicated and you may want to talk to a lawyer.
► What are the benefits of AK ODR?
- Convenient: AK ODR allows people to resolve their disputes without having to travel or meet in person. This saves time and money.
- Accessible: Anyone with internet access can use AK ODR.
- Quick: A court case can take months, or sometimes years, to get resolved. AK ODR may speed up the resolution process because it’s available 24/7, and participants can respond at their own pace, reducing delays.
- Cheap: Going to court can be expensive due to legal fees, travel costs, and having to take time off of work. AK ODR is free to use. And if parties don’t have a court case and want a judge to sign their agreement, the cost to do this is only $25. This is less than other filing fees.
- Confidential: Discussions about settling your case on the AK ODR platform are confidential, so offers you make to the other participant to resolve your dispute may not be used later in court.
- Assistance: AK ODR provides agreement templates and mediators for free to help participants resolve their dispute.
- Reduced Stress: AK ODR can be less intimidating than a court case, and reduce stress and anxiety for participants.
► What happens if the claimant and respondent reach an agreement to settle their dispute?
If they have an open court case:
- They 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 participants a scheduling order for a court hearing.
- They can ask the court to dismiss the case and follow the agreement without a court order. The case will be dismissed with prejudice. This means that neither 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 to pay the other $500 and has already paid them, one choice is to dismiss the case without asking for a court order.
If they do not have an open court case:
- They can ask a judge to sign the agreement and make it a court order. If they choose this option, there is a $25 fee to open a court case and send the 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 participants a scheduling order for a court hearing.
- They 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 the claimant and respondent don’t reach an agreement to settle their dispute?
If participants don’t reach an agreement and they have a court case, the court case proceeds as normal. If participants don’t have a court case, they are in the same position as they were before using AK ODR. One participant may decide to start a court case to resolve the dispute.
But be aware that a case may be legally barred if the case is not started 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.
► Is there more information about how to use AK ODR?
Yes. After creating an account, users have access to AK ODR’s Knowledge Base which has FAQs about how to use the platform.
► Can I use AK ODR on my phone?
No. At this time, you have to use a laptop or desktop computer to access AK ODR. A mobile friendly version is being developed. If you want to use AK ODR and only have a mobile device, check with your local court. Many courts have a law library with a computer you can use. You can also check with your local library for free computer access.
► Are there court rules about AK ODR?
Yes. See Administrative Bulletin 99.