ADR SERVICES

Linda is dedicated to helping lawyers and parties find an effective path to resolve even the most challenging disputes and lawsuits.

Linda offers several Alternative Dispute Resolution (ADR) “Paths” to help you resolve your matter.

Which “ADR Path” best suits your needs?

ADR services

Mediation

Providing customized Mediation:  A process tailored to meet the parties’ needs.

  • Employment Matters
  • Civil Lawsuits
  • Commercial Disputes
  • Pre-litigation matters
ADR services

Arbitration

Providing efficient and neutral Binding and Non-Binding Arbitration: Evaluating and weighing the facts fairly to render a timely and clearly-written impartial decision.

  • Commercial Disputes
  • Civil Lawsuits
  • Employment & Labor Disputes
ADR services

Other ADR “Paths”

Providing experienced and impartial services.

  • ADR Consulting
  • ADR Training
  • Arb-Med Process
  • Workplace Investigations
  • Workplace Dispute Facilitation
  • Mandarin Chinese Fluency

What is Mediation

  • Mediation is a process that uses a third party neutral, a mediator, to “facilitate communication between parties to promote settlement.”  MN Rule 114.02(a)(7).
  • Mediation is usefulfor cases where:
    • the parties want control over both the process and the outcome,
    • the parties have been mired in the litigation process and seek a means to “move on,”
    • the parties want to find a solution that meets their individual personal and business needs and goals better than any litigated result,
    • the case involves personal/business relationships and/or strong emotions,
    • satisfying underlying interests is important to the parties.
  • The specific role of the mediator and the parties will vary depending on the mediation approach used by the mediator.
    • Facilitative Mediation is known as a problem-solving approach.  A facilitative mediator helps parties communicate their perspectives, identify their underlying needs and interests, and assist parties in problem-solving so they can reach a mutually satisfactory resolution.
    • Transformative Mediation  is an approach that supports the parties in their own efforts to define the issues and seek solutions by giving them the space to think and express themselves; the mediator does not impose settlement on the parties.  This approach emphasizes communication and perspective-taking, and resolution of the dispute is not a primary goal (but is often an outcome of the process).
    • Understanding-Based Mediation   involves a mediator who helps the parties understand the substance of the conflict, as well as the legal implications and personal, practical, and business-related aspects of the conflict.
    • Evaluative Mediation involves a more “directive” mediator, who will play a key role in giving the parties direction about the mediation process and appropriate settlement options based on the mediator’s opinion regarding the strengths and weaknesses of the case or likely outcome at trial based on the relevant legal standard.
  • Depending on the mediation approach, the parties may meet face-to-face with the other side for most or all of the mediation, or may spend much of the mediation separated in different rooms, with the mediator moving back and forth.  Unlike an arbitrator, a mediator does not make a ruling or impose his or her own judgment on the parties.

What is Arbitration

  • Arbitration is a process that uses a neutral third party, the arbitrator, to render a decision after conducting an adversarial hearing during which each side presents its position.  An arbitrator’s decision may be binding or non-binding, depending on the parties’ agreement.  MN Rule 114.02(a)(1).
  • Possible reasons to arbitrate include:
    • finality (generally no right to appeal decision in court)
    • privacy (hearings are not open to the public)
    • expertise (engage arbitrator with substantive knowledge or expertise)
    • less expensive than trial
    • speed (hearings are shorter than trial and can be scheduled at parties’ convenience)

TRAVEL EXPENSES

Primarily serving the geographic areas of Minnesota and the Upper Midwest, but willing to travel.

Twin Cities (Minneapolis & St. Paul) and suburbs:  No charge for travel time; charge for reasonable expenses

Travel within 2-hour drive of Twin Cities:   No charge for travel time; charge for reasonable expenses

Travel to Greater Minnesota, United States, and China:  Charge for travel time and reasonable travel expenses