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Tag: ‘ADR’

Eyes Wide Open: Optimizing Outcomes through Mediation

Attorneys, courts, and clients alike can benefit when disputes are resolved quickly, amicably, and based on full understanding of the potential risks and costs of litigation.  Mediation, historically focused on preserving parties’ relationships, is evolving to include an evaluative component so participants more clearly understand the costs and risks of going to court. Whether we […]

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Minnesota’s Revised Uniform Arbitration Act: Unintended Consequences for Minnesota Labor Relations

Minnesota’s RUAA has much to commend it as a tool for effective arbitration of increasingly complex civil disputes, but its very complexity and alignment with litigation principles threatens to undercut what has historically made labor arbitration effective. Arbitration as an alternative to litigation has a long and illustrious history in Minnesota. In 1955 Minnesota became […]

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Divorce Mediation: The Importance of Client Preparation

Mediation can be a very effective means for resolving disputes in a marriage dissolution but its effectiveness often depends on how well-prepared the clients are for the questions and outcomes they may encounter in the process. Mediation is often seen as a primary fixture, or stepping stone, in the family litigation process. Regardless of the […]

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Arbitration Agreements & Collective Action: The Consumer, the Class, and the FAA

The Supreme Court’s Concepcion decision has brought significant clarification to a turbulent area of competing policy considerations involving agreements to arbitrate, but questions remain regarding just where the balance should be struck between favoring arbitration and protecting consumers. When federal policy (embodied in the Federal Arbitration Act (FAA)) favoring arbitration comes into conflict with consumer-friendly […]

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International Arbitration and the Globalization of Minnesota Business

Growth in international trade has spawned a parallel increase in international business disputes involving companies worldwide, potentially including many in Minnesota. Where litigation of such disputes may prove inordinately complex or unsatisfying, international arbitration offers a well-established alternative. To paraphrase Thomas L. Friedman, “The world is flat and getting flatter.” Friedman argued in The World […]

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Let’s Make a Deal: Contingency-Fee Mediation & Overburdened Courts

The standing prohibition on contingency-fee mediation conflicts with the courts’ interest in encouraging greater use of alternative dispute resolution. Such conflict may be unnecessary where contingency fees are structured to preserve mediator neutrality and hinge on the value of successful mediation to both parties. Imagine you are a plaintiff injured in a minor car accident. […]

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