Minnesota Alternative Dispute Services
“Alternative” dispute resolution is usually considered to be alternative to litigation. Alternative dispute resolution (ADR) includes dispute resolution processes and techniques that fall outside of the government judicial process. Despite historic resistance to ADR by both parties and their advocates, ADR has gained widespread acceptance among both the general public and the legal profession in recent years. In fact, some courts now require some parties to resort to ADR of some type, usually mediation, before permitting the parties’ cases to be tried.

ADR is generally classified into subtypes: mediation, collaborative law, and arbitration are areas the lawyers of Hoffman Law of Minnesota specialize in.

* In mediation, there is a third party, a mediator, who facilitates the resolution process (and may even suggest a resolution, typically known as a “mediator’s proposal”), but does not impose a resolution on the parties. In some countries (for example, the United Kingdom), ADR is synonymous with what is generally referred to as mediation in other countries.

* In collaborative law or collaborative divorce, each party has an attorney who facilitates the resolution process within specifically contracted terms. The parties reach agreement with support of the attorneys (who are trained in the process) and mutually-agreed experts. No one imposes a resolution on the parties.

* In arbitration, participation is typically voluntary, and there is a third party who, as a private judge, imposes a resolution. Arbitrations often occur because parties to contracts agree that any future dispute concerning the agreement will be resolved by arbitration. This is known as a ‘Scott Avery Clause’. In recent years, the enforceability of arbitration clauses, particularly in the context of consumer agreements (e.g., credit card agreements), has drawn scrutiny from courts. Although parties may appeal arbitration outcomes to courts, such appeals face an exacting standard of review.

In collaborative law, each party retains an attorney trained in the collaborative law process. The parties agree that they will try to resolve all of the issues of their divorce or other dispute through the collaborative process without taking the case to court. This agreement, called a “participant agreement,” states that both attorneys will withdraw if either spouse decides to take their case to trial. When parties no longer have the hammer of court hanging over their head, they often are able to resolve their disputes through communication and agreement.

In the collaborative law process, the spouses and lawyers hold four person meetings in which all people and attorneys can communicate with each other. Information is shared between all parties in an open exchange. If issues are presented that require the opinion of a financial expert or child welfare expert, neutral experts are retained by the parties to offer assistance.