Originally from:
Advising Minnesota Corporations and Other Business Organizations - 2nd Edition - Hardcover
Advising Minnesota Corporations and Other Business Organizations - 2nd Edition - Electronic
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CHAPTER 84
ARBITRATION AND OTHER
ALTERNATIVE DISPUTE
RESOLUTION OPTIONS
Section
§ 84.01 Introduction
§ 84.02 Negotiation
§ 84.03 Mediation
§ 84.04 Arbitration
§ 84.05 --Private Arbitration
§ 84.06 --Court-Annexed Arbitration
§ 84.07 Uniform Arbitration Act
§ 84.08 Federal Arbitration Act
§ 84.09 Compulsory Arbitration
§ 84.10 Mini-Trials
§ 84.11 Private Judges
§ 84.12 Summary Jury Trial
§ 84.01 Introduction
Litigation can be complex, expensive, and present other detriments.
Increasingly, adversarial parties are choosing alternative dispute
resolution (ADR) methods. The most common methods are negotiation,
mediation, and arbitration,1 although there are others including a number
of hybrid methods. These dispute resolution options are valued by many
for their potentials to relieve court congestion, lessen costs, and expedite
a conclusion. Congress eliminated the federal courts’ traditional hostility
followed suit by enacting the Uniform Arbitration Act.
Riding on the coattails of arbitration’s popularity came other forms of
ADR--mediation, mini-trials, private judges, and the summary jury trial.
Most federal and state courts have now institutionalized various methods
of ADR. Some courts have adopted ADR as a voluntary tool for conflict
resolution while others are mandating ADR methods. Beginning in July
1994, Minnesota requires that all attorneys consult with their clients,
each other, and the courts in the early stage of a dispute to see if there are
any applicable ADR methods that can be used. This type of statemandated
program means that all attorneys will become increasingly
familiar with ADR options.
Minnesota has a rich history of both private and court-mandated ADR
efforts.3 Effective July 1994, Minnesota Supreme Court rules will require
all attorneys to consult on ADR options in most civil cases early in the
process.4
Roger J. Magnuson is a Partner at Dorsey and Whitney, LLP, where he serves as Head of the National Strategic Litigation Group and has practiced since 1973. He has been recognized as one of the top trial lawyers in the United States by major national and international publications, including Chambers International Guide to American Lawyers, which profiles the top 500 trial lawyers in the United States, Best Lawyers in America, Who's Who in American Law, and Who's Who in America. Mr. Magnuson was also recognized by a Journal of Law and Politics' survey for Judge's Choice "Wins Most Cases."
Some high profile cases that he has litigated include representation of the Florida Senate in the Bush v. Gore election controversy in 2000; and representation of the Plaintiffs in the widely publicized and studied Mall of America case. For several years he has represented, among other persons and entities, the Minnesota Twins and Major League Baseball principals and players in litigation; and has litigated national and local cases in federal and state court venues. He has appealed before the Supreme Court in a number of cases; as well as the Minnesota Supreme Court. He has authored several articles and 7 books.
Richard A. Saliterman is a Principal in Saliternan & Siefferman P.C., a full-service firm in Minneapolis established in 1976. Mr. Saliterman is a leading expert on corporate business matters, and is the author of several publications on business start-ups, franchises, and trademarks. Mr. Saliterman is the former National Judge Advocate for the U.S. Navy League, based in Washington D.C.
Contributing Editor:
Amanda Chang
Contributing Authors:
Alecia Anderson
Seth Back
John Baker
Shannon Berg
Constatin Burachek
Benjamin Carpenter
Ryan Check
Carl Christensen
Peter Fear
Michael Frasier
Aaron Hall
Catherine Hanson
Paul Harman
Amy Ithlan
Michael Kern
Chris Kuhlman
Brett Larson
Joshua Lederman
Karen Lundquist
James Magnuson
Jennifer Mead
Rao Menier
Heidi Miller
Rachael Moxon
Oliver Nelson
Scott Peitzer
Mitchell Skinner
Jonathan Stechmann
Lael Weinberger
Jonathan Wilson
Alex Zumbulyadis