Settling Cases Through Mediation

I have had a run of mediations this week. Each day, we will be going through the Alternative Resolution Process (ADR) as required by the Minnesota Courts. You can’t go to trial in Minnesota with a civil case unless your claim has at least gone through one of the ADR options. Usually we use mediation, which is a process where a independent lawyer is hired to try to work out a deal between the two sides.

It’s a process that has grown as older trial lawyers have moved in a great number into the role of mediates. It requires a person that each side will at least listen to. A perfect mediation is defined as both sides being unhappy. The plaintiff takes less and the defendant pays more. For me, it’s trying to get the defendants to their top dollar, so my client can make their decision with as much information as possible. They should not go to trial with out know what it is they are giving up.

Of interest to todays mediation was that the mediate used the settlement vs trial article from the New York Times that I had previously blogged about to supplement the reasons why it made sense to settle. Today, we did get the case done. The defendant claims they paid more than they planned to and my client decided to settle instead of taking the risk with trial. Hopefully justice was served.