Mediation and arbitration are forms of
alternative dispute resolution (ADR). In Minnesota generally
all civil cases are subject to the ADR process except those
actions specifically excluded. ADR is a means of resolving a
personal injury claim. The vast majority of claims submitted
to ADR are resolved. If the matter is not resolved in ADR,
the injured party has the right to proceed to a jury trial.
The ADR process may also be useful in avoiding a long legal
battle and litigation expenses. Scott Kelly and Will
Patridge are frequently asked by other attorneys to mediate
or arbitrate cases.
MINNESOTA ARBITRATION
Arbitration is the most traditional form of ADR. Arbitration
may be binding or non-binding. Arbitration is adjudicatory
as opposed to advisory because of the fact the arbitrator
renders a decision at the end of the arbitration hearing.
An arbitration can be driven by a pre-dispute contract
entered into by the parties in which they agree that should
a dispute arise, the dispute shall be resolved through the
arbitration process, or by the parties agreeing to
arbitration. Arbitration can be binding or non-binding
depending on the agreement of the parties.
By agreeing to binding arbitration the parties are waiving
their fundamental constitutional right to a trial by jury.
Unless otherwise agreed, the decision is legally binding and
non-appealable except in extreme limited circumstances such
as in the cases of fraud or collusion.
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MINNESOTA MEDIATION
Mediation is an ADR process wherein the parties meet with a
mutually selected impartial and neutral person who will
assist them in the negotiations of their differences.
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ROLE OF MEDIATOR
The mediator leaves the decision power totally and strictly
with the parties. The mediator does not decide what is
“fair” or “right”, does not assess blame, nor render an
opinion on the merits or chances of success if the case were
litigated. Rather, the mediator acts as a catalyst between
the opposing interests attempting to bring them together by
defining issues and eliminating obstacles to communication,
while moderating and guiding the process to avoid
confrontation. The mediator will, however, seek concessions
from each side during the mediation process.
This webpage contains general information and not legal advice. It is based on Minnesota Law in effect the the time of writing. An attorney of Farrish Johnson can advise you about how the law applies to your specific situation