Category: Mediation
The Mediation Option
March 3, 2010 | Scott M. LepakAs a law firm that started during the great depression of the 1930’s, Barna, Guzy & Steffen understands that innovation is the key to success for a law firm. As the economy places great stress on businesses and individuals, Barna, Guzy & Steffen offers services that are designed to allow legal matters to be addressed in a more efficient and cost effective manner. One example is mediation. Civil matters filed with the courts now must utilize an alternative dispute resolution process prior to going to trial. Mediation is, by far, the most common form of alternative dispute resolution. Family law cases strongly encourage mediation prior to a court case. Unlike binding arbitration, mediation is not a final decision imposed on the parties. Mediation is binding only if the parties reach an agreement at the end of the process that they choose to make binding. While anyone can be a mediator, only individuals with special training are qualified neutrals. Qualified neutrals, also called qualified neutrals under Rule 114 of the Minnesota General Rules of Practice, may act as neutrals in court-referred cases and are subject to their own ethics board. At Barna, Guzy & Steffen, the qualified neutrals under Rule 114 of the Minnesota General Rules of Practice, are also practicing attorneys. They utilize…
Read MoreSpotlight on Alternative Dispute Resolution Services
December 13, 2009 | Barna, Guzy & Steffen, Ltd.Spotlight on Alternative Dispute Resolution Services Alternative Dispute Resolution, (“ADR”) is a term used to refer to the use of a disinterested, neutral, third party to provide insight and assistance in the resolution of disputed issues. ADR neutrals are often required by the courts to be employed in the litigation process. Darrell A. Jensen and Joan M. Quade are qualified ADR neutrals under Rule 114 of the Minnesota Supreme Court. Each has served individual clients for years as counselors and litigators. For the past several years individuals and businesses have increasingly been looking to ADR for some relief as litigation costs continue to rise. Joan M. Quade is the practice group leader of the Commercial Litigation, Employment Law and Municipal departments. She has handled many types of cases, including cases in employment law, real estate, non-competes and contract disputes. She now stands ready to provide an additional service in the area of Alternative Dispute Resolution. Contact Joan M. Quade when you are looking for creative ways to resolve disputes and preserve business partnerships, and even create new joint ventures. Darrell A. Jensen is also a member of the Commercial Litigation and Employment Law department. He has served as an ADR neutral in over 177 mediations and arbitrations, in many substantive areas of law…
Read MoreAlternative Dispute Resolution ("ADR") Trends: The Growth and Prevalence of ADR in Litigation
December 13, 2009 | Barna, Guzy & Steffen, Ltd.Alternative Dispute Resolution (“ADR”) Trends: The Growth and Prevalence of ADR in Litigation The Growth and Prevalence of ADR in Litigation By Bradley A. Kletscher Those who have been through litigation over the course of many years have seen a gradual change in how litigation is conducted. Litigation has gone from trial “by ambush” to full discovery and trial, to Alternative Dispute Resolution (“ADR”) without a trial. ADR is the process through which litigants attempt to resolve a dispute short of a full trial on the merits before a judge and jury. The Trend Toward ADR Over the past two decades there has been an explosion in the number of cases filed in state and federal courts across the country. This is a result not only of the growing economy of this country, but also the growing number of individuals and businesses across the country involved in litigation. As the number of cases have grown, courts have looked for a method by which they can reduce the number of cases on their docket short of a full trial and decision on the merits. The method to accomplish this is ADR. In addition to the Court’s desire to clear their docket of cases is the interest of individuals and businesses in reducing the cost…
Read More