Minnesota Mediation and Arbitration Lawyers
Are you looking for a more cost-effective alternative to courtroom litigation? Do you need a lawyer to advocate on your behalf in a mediation or arbitration? Do you need a mediator or arbitrator to serve as a neutral third party in settlement proceedings?
Litigation alternatives that can save you time and money
In this era of e-discovery and attorney fees of hundreds of dollars an hour, litigation has become prohibitively expensive for businesses and families alike. Settlement alternatives involving mediation and arbitration have proven to be faster and more cost-effective in cases where parties in the litigation are willing to compromise. Bassford & Hanvik, P.A. provides the experienced advice and sound judgment needed to advocate for clients during mediation and arbitration, as well as the qualifications needed to serve as neutral third parties in mediations and arbitrations.
Advantages of mediation
Mediation is an out-of-court settlement approach in which a neutral third party — known as the mediator — facilitates communication and compromise but does not have the ultimate authority to decide the matter. The mediator serves as an intermediary who generates discussion that leads to a self-negotiated resolution to the conflict. Advantages of mediation include:
- Self-negotiated resolution: In mediation, the parties themselves decide the outcome of the conflict instead of giving a judge the ultimate authority to render a final decision.
- Relationship driven: Communication and compromise are essential components of mediation; a mediator facilitates discussion to preserve the relationship while resolving the dispute.
- A higher rate of compliance: Studies have shown that mediated settlements tend to produce higher rates of compliance because both parties have agreed to the terms of the agreement.
- Nonbinding on the parties: If mediation fails to produce a sufficient compromise, the parties can then choose to proceed to courtroom litigation where a judge decides the final outcome.
- Scheduling: Mediation can be scheduled at the convenience of the parties and their mediator, rather than at the convenience of the courts.
- Reduced cost associated with voluntary discovery: By voluntarily revealing evidence needed for resolution, parties can eliminate costs associated with electronic discovery of documents, witnesses, reports and related evidence.
- Privacy of the process: Parties to mediation can stipulate that the process remain private.
Advantages of arbitration
Arbitration is the submission of a dispute to a third-party decision-maker — known as the arbitrator — who has the ultimate and binding authority to render a final decision. The arbitrator is generally selected by both parties to a dispute based on the arbitrator’s background and expertise. Judicial intervention is limited by state and federal law once the arbitrator renders a final judgment, making appeal almost impossible without a showing of misconduct on the part of the arbitrator.
- Decision-maker’s expertise: Uncertainty in the administration of justice can be reduced by selecting an arbitrator with the appropriate education and experience to render a well-informed decision in the case.
- Expedited proceedings and reduced cost: Informal hearing procedures, limited discovery and an expedited schedule of hearings can lead to a faster, more economical resolution.
- Scheduling: Parties to arbitration can schedule sessions on their own timetables rather than on the court’s schedule.
- Less adversarial process than courtroom litigation: Since arbitration is generally less formal than courtroom litigation, there is a better opportunity to preserve the business relationship between the parties.
- Privacy of the process: Whereas courtroom litigation is generally a public proceeding, the parties to arbitration can stipulate that the proceeding remain confidential.
