MEDIATION & ARBITRATION
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YOUR OBJECTIVES ARE OUR OBJECTIVES.
Most lawsuits settle before trial begins, although a large percentage settle "on the courthouse steps." ADR provides a safe place with an organized framework for the parties to voice their concerns, focus on the issues and create a resolution.
Alternative Dispute Resolution (ADR) can be valuable, in that the sooner a lawsuit is settled, fewer attorneys fees and litigation expenses are incurred, and the disruption to the parties' lives and businesses ends. The American Arbitration Association reports that over 85% of all mediations result in a settlement.
When there is a dispute in a civil matter, we provide private mediation services for parties who want to avoid the time and expense of protracted litigation. Our neutrals are qualified neutrals in the State of Minnesota. They have represented parties in mediation, and through those experiences have a clear notion of what a mediation can do to try to bring the parties together. Research shows greater satisfaction with mediated agreements, which leads to fewer post-litigation disputes. We are here to facilitate.
WE MAKE IT A POINT TO UNDERSTAND EACH PARTY’S POSITION AND BACKGROUND, AND LEARN ABOUT HOW WE CAN BEST ASSIST IN A RESOLUTION THAT ALL PARTIES WILL FEEL IS REASONABLE.
Examples of Matters We Handle
Injury and Product Liability Matters
Civil Rights Disptues
Landlord - Tenant Disputes
Vendor - Vendee Disputes
Homeowner - Contractor Disputes
Real Estate Disputes
Probate, Wills and Trust Matters
Additional Areas of Experience
Corporate Law, M + A
Estate Planning + Probate Disputes
Family Law Issues
Benefits of Mediation
Allows for convenient scheduling.
Allows parties to retain control over their decisions and how quickly the issues are resolved.
Provides opportunity for the parties to communicate their concerns and interests in an effective manner.
Explores options completely separate from legal parameters.
Confidentiality and privacy allow parties to feel safe in disclosing information relating to their conflict.
CHOOSING THE RIGHT RESOLUTION METHOD FOR YOU...
Mediation is a dispute resolution process in which an impartial third party – the mediator – facilitates negotiation among the parties to help them reach a mutually acceptable settlement. The parties, together with their counsel, work toward a solution.
Just about any type of civil case or issue may be resolved by mediation, which is available at any time, even before a lawsuit has been filed. The only requirement is that each party agrees to participate in the process.
In MEDIATION, the mediator does not make a decision about the outcome of the case. The purpose is not to decide who is right or wrong, rather it is a platform in which the parties can express their feelings and diffuse tension, determine underlying interests or concerns, find areas of agreement, and ultimately incorporate these into a solution.
Our approach will vary with each matter, but it is always predicated on thoroughly understanding the issues from both sides, considering possible avenues of resolution, remaining impartial, maintaining confidentiality, and respecting the views and decisions of counsel and their clients. The process is normally held in a private office or meeting room and no public record is made of the proceedings. If no settlement is reached, any statements during the proceedings are inadmissible as evidence in any subsequent litigation.
In ARBITRATION, both parties present their case and evidence like you would do in a trial. Unlike a mediator, the arbitrator decides the dispute, much like a judge would do. Still, arbitration can be more flexible than a lawsuit, it could cost less than a trial and it could be resolved in a timeframe and at a location convenient to the parties.
SPECIAL MASTER and RECEIVERSHIP
We are pleased to offer SPECIAL MASTER SERVICES in a variety of areas. A special master, who is almost always an attorney, is appointed by a judge to oversee one or more aspects of litigation. They may be appointed pre-trial, during trial, or post-trial to handle matters that include resolution of pretrial or non-dispositive matters, mediation of settlement negotiations, or post-trial implementation of a decree. Judges appoint special masters for a variety of reasons.
A RECEIVER, whether appointed or privately agreed upon, is a person or company appointed to act as a neutral third party and take custody, manage, and/or preserve money or property that is subject to litigation. The receiver will manage the assets in place of the owner. They typically perform the necessary inspections to identify any critical legal issues and liabilities, and will then determine the appropriate management and in some cases, disposition strategy of the assets.