Alternative Dispute Resolution Services

BAKER VICCHIOLLO LAW

MEDIATION

The Role Of The Mediator

Mediators are unbiased. They don’t take one side or the other. They simply listen to the facts and they are trained to do so. They are not allowed to give any advice, which is why the mediator can’t be the attorney for either party. An attorney can be a mediator, but they can’t have any ties to either party. The mediator will allow the parties to exchange information, talk, and work toward a solution that suits them both.

The Role Of Your Attorney

Typically, your attorney attends the mediation session(s) with you, but this is entirely up to you. Their role is to ensure that your rights are protected throughout the mediation process. Your attorney is an advisor that can provide the guidance to you and to the process during and in between sessions, as well ensure that solutions and agreements are in compliance with Minnesota law.

EARLY NEUTRAL EVALUATION

The early neutral evaluation (ENE) is a process whereby a mutually-agreed-upon third-party neutral evaluator meets with the parties and their attorneys to reach resolution. The difference between mediation and the ENE process is that the evaluator will provide their opinion on the issues, which can be helpful in achieving resolution.

MODERATED SETTLEMENT CONFERENCE

Moderated settlement conference is a court-ordered meeting or meetings between parties and their attorneys facilitated by a mutually-agreed-upon third-party neutral moderator and is typically held at the courthouse. This is usually done close to the time of trial as a last attempt to settle the case before trial. Parties are expected to be “trial ready” with all information previously exchanged by the parties and their attorneys.

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