Effective July 1, 1994, new amendments adopted by the Minnesota Supreme Court to the General Rules of Practice mandate early consideration, in nearly all civil cases, of alternative dispute resolution (ADR). ADR can encompass mediation, arbitration, and mini trials, or a combination of these.
It is no secret that virtually all commercial disputes are settled short of trial, often on the proverbial courthouse steps. Yet, settlement late in the process incurs costs, and usually transpires well beyond the period when there is still hope of rehabilitating the business relationship with the adverse party.
The new rules are part of a broader trend towards streamlining the dispute resolution system, thereby reducing costs and speeding the resolution process. If both sides agree to work out the issues, and a rational and mutually satisfactory solution can be reached, discovery costs may be avoided and the disputants' long-term business relationship resumed.
ADR, as an option to litigation, is not a new concept; but neither has it been widely accepted. The Minnesota Court's ruling lends ADR instant credibility, however, and makes it incumbent on the courts, and on purchasers of legal services, to find counsel knowledgeable in ADR practices and techniques.
ADR training has been the focus of the Lex Mundi College of Mediators since its formation in 1992. A branch of Lex Mundi -- The World's Largest Association of Independent Law Firms -- the Lex Mundi College of Mediators has over 200 trained mediators located in jurisdictions throughout the world.
As a Lex Mundi founding member, Briggs and Morgan has availed itself of the College's mediation training, and several of the Firm's lawyers have joined the College membership. Introductory and advanced courses, presented this past May at the World Trade Center in St. Paul, were co-sponsored by the College and Briggs and Morgan. "Students" included lawyers from Lex Mundi firms as far away as Bangkok, and local corporate counsel. Briggs and Morgan plans to sponsor future sessions that meet the unique needs of corporate staff.
Mediators with 30 hours of approved coursework can be placed on the statewide "neutrals" roster maintained by the Alternative Dispute Resolution Review Board.
In addition to the state's roster, you will find a number of Briggs and Morgan members on the American Arbitration Association's (AAA) select panel. AAA select panel members are recognized for industry-specific arbitration experience, from construction to franchising.
ADR is not a panacea to litigation. It does offer, however, a window of opportunity to resolve issues while they are still in a resolvable state. If you require assistance with an arbitration or mediation matter, Briggs and Morgan can help you assess your position, act as an advocate, or provide further resources and information.