For years, businesses have settled their disputes through costly lawsuits. This litigation over what was often minor conflicts could drag on for years and quickly cost far more than the value of the dispute. However, many businesses have recently begun turning to mediation with the help of a business lawyer as an alternative form of dispute resolution.
Mediation serves a non-binding form of dispute resolution, independent of any lawsuit. The process gives two parties to a dispute the ability to work towards a settlement with the help of a neutral third party. An experienced Bloomington business mediation lawyer could help you avoid costly, drawn-out litigation.
Mediation is a form of alternative dispute resolution (ADR) used to help parties avoid costly, time-consuming lawsuits. They are common in Bloomington, with many parties voluntarily entering mediation. In other situations, courts will require the parties to try mediation before they set the case for trial.
Mediation differs from a trial in that the results are not binding and there are no winners or losers. Instead of two parties arguing their case, a neutral mediator would communicate with both sides in an effort to reach a settlement. A Bloomington business mediation attorney could help the parties bridge a gap that otherwise seemed impossible to navigate.
This process typically involves both parties being present in the same office but split into different conference rooms. The mediator goes back and forth, discussing the goals of each party and looking for solutions. In successful cases, the parties will negotiate with the help of the mediator to reach common ground. If they fail to resolve a case, the claim would simply continue on to litigation like normal.
In Minnesota, the law requires forms of alternative dispute resolution like mediation to play a major role in most business conflicts before they can go to trial. Minnesota Court Rule 114 sets out the guidelines for mediation as well as the qualities required of a mediator.
According to the rule, a mediator must always remain neutral above all else. Rule 114 serves as a code of ethics for a neutral mediator and requires mediating attorneys in Bloomington to be impartial and disclose any conflicts of interest. Mediators must also maintain confidentiality on behalf of both parties to the mediation. While the court provides basic levels of confidentiality for the parties and the attorney, the parties may also bind the mediator to further levels of trust.
Mediating lawyers must also disclose upfront their fee structure so that there are no surprises to either party after mediation is over. Additionally, a mediator is held to a high honesty and ethical standards regarding any advertising they do.
Not just any attorney can act as a mediator in Bloomington as the state maintains a roster of approved neutrals. The ADR Review Board makes the final determination to certify a candidate as a neutral mediator. In civil cases, they require hours of classroom training, split evenly between lectures and roleplay scenarios. This ensures that for cases in Bloomington, the business mediation lawyer taking the case is ethically vetted and properly trained to offer the best possible outcomes.
If you are facing a lawsuit that you would like to resolve without expensive and exhausting litigation, mediation may be the best option for your business. Whether your disagreement has not yet led to a lawsuit or if litigation is in full swing, mediation could still be the answer for you. Contact a Bloomington business mediation lawyer today to learn more about your rights.