|
Alternative Dispute Resolution |
Alternative Dispute Resolution (ADR) has become a widely used "tool" in Minnesota and elsewhere to help parties resolve a dispute without the expense of a trial. Often, in civil litigation matters in Minnesota, some form of ADR is required by the court before a party may present its case to a judge or jury at trial. The ADR process is now being implemented in certain cases taken to the Minnesota Court of Appeals. Pennington, Lies & Cherne, P.A. has been at the forefront of this movement. Whether Kim Pennington or Tom Lies are acting as a mediator/arbitrator for clients and attorneys outside our firm, or our attorneys are representing our client in an ADR forum, our knowledge and experience with ADR movement.
Kim Pennington spends a substantial portion of his time as an ADR neutral (mediator and/or arbitrator) in civil disputes of all types in the Metro Twin Cities area or out-state Minnesota, including Willmar, Alexandria, and the Brainerd Lakes area. Tom Lies provides mediation services in the area of family law.
Mediation
Mediation is a voluntary process in which the mediator acts as a neutral third party to help people resolve a dispute privately. Mediation may avoid the cost, time, energy and risk associated with having the court system (judge) impose a solution upon you.
Mediation is not a forum for debate to prove to the mediator that one person's values are right or wrong. Mediation is not intended to have a "win-lose" outcome, find fault, assign blame or to be a means of punishment. Mediation also is not a substitute for independent legal advice, and you are encouraged to continue to obtain legal advice from your attorney. You are also strongly encouraged to consult with your attorney before and during the mediation, and before signing an agreement reached in mediation.
Just as each case is different, each mediation is different. We may be successful in resolving all issues and disputes, or we may successfully resolve some issues but not others. Mediation may require one, two, or more sessions to reach a resolution on the issues. Prior to the start of mediation, the parties are provided a mediation agreement which is reviewed by the parties and signed. The mediation agreement establishes the ground rules for mediation, including the rights and responsibilities of all participants. Upon successful completion of the mediation process, the mediator typically writes a letter to the parties (and their attorneys if requested) summarizing the agreed-upon terms of the mediation process.
Arbitration
Arbitration is another commonly used ADR process. In arbitration, the neutral third-party acts as a private judge in deciding the outcome of the dispute. Typically, though not always, the parties are represented by attorneys and participate in an informal hearing. During the informal hearing, the parties or their attorneys may make an opening statement, present evidence supporting their claims, and submit a closing (or final) argument.
At the conclusion of the hearing the third-party neutral takes the matter under advisement, reviews the evidence and the applicable law, and renders a decision. The third-party neutral's decision may or may not be a binding decision. The parties must decide before the arbitration begins whether the third-party neutral's decision will be binding or not.
|
|
Mediation / Arbitration
