AK ODR - Respondent
Frequently Asked Questions (FAQs)
How long do I have to respond to the ODR invitation?
What happens if I don’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 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 long do I have to respond to the ODR invitation?
You have 14 days to respond to your invitation before it expires.
► What happens if I don’t respond?
You do not have to participate in AK ODR. AK ODR is voluntary. You can decline the invitation or the invitation will expire on its own in 14 days.
If you do not have an open court case, and you don’t respond, the claimant may start a court case to resolve your dispute.
If you do have an open court case and don’t respond, the court case proceeds as normal.
► 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 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.