MEDIATION & ARBITRATION
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. Jim and Wynne are both 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.
Types of Matters We Handle
- Business disputes
- Partnership disputes
- Injury and Product Liability matters
- Workplace disputes, including sexual harassment, wrongful termination and discrimination matters
- Landlord / Tenant disputes
- Vendor / Vendee disputes
- Homeowner / Contractor disputes
- Real estate disputes
Benefits of Mediation
- Reduce costs
- 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.