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Pockets of Innovation in Minnesota’s Alternative Dispute Resolution Journey.

Mealey-Lohmann, Linda
June 4, 2015

Source: (2006) William Mitchell Law Review. 33:441-

Conflict has always existed and human beings have long struggled with how to manage and resolve conflict. One method to resolve conflict that readily comes to mind is the use of law and the legal system. Another method is the use of
alternative dispute resolution (ADR) processes. Legal practitioners use the term ADR to cover a wide variety of processes that involve a neutral third party to
help resolve disputes or conflicts between people, organizations, or countries. Generally, when one thinks of ADR processes, only arbitration or mediation
comes to mind. In fact, ADR is much broader than that. Rule 114 of The Minnesota General Rules of Practice governs ADR for civil cases and recognizes eight specific ADR processes, as well as a ninth category of “other” (those processes
that parties create by agreement). This article seeks to explore the current state of Alternative Dispute Resolution in Minnesota and to answer the question whether Minnesota is progressive in the area of ADR. In analyzing this issue, the authors are using the term “progressive” to mean innovative or to make “progress.” (excerpt)


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