ADR stands for Alternative Dispute Resolution. This form of resolution has had a major impact on the number of cases that go to trial. 

State law requires that the Summons starting a lawsuit include a statement that the parties are encouraged to attempt Alternative Dispute Resolution. The rules of many of the court districts in Minnesota make it mandatory that the parties to a lawsuit attempt to resolve it by ADR before they are allowed to bring the suit to court.

The most common forms of ADR used in attempts to settle lawsuits are mediation and arbitration. Mediation is a process in which the parties and their attorneys meet with a "neutral" third party who acts as a mediator. The two parties are usually in separate rooms and the mediator communicates information and settlement offers between them. The goal of the mediator is to encourage and help the parties agree on a mutually acceptable settlement. This form of ADR is negotiation with supervision and assistance from a third party.

Arbitration is another form of Alternative Dispute Resolution. It also involves a neutral third party. However, in arbitration, the arbitrator listens to both sides, usually in a formal hearing. The arbitrator makes a decision that is binding on the parties. A court can enforce the decision. The parties sometimes protect themselves against surprisingly high or low decisions by agreeing beforehand on acceptable maximum and minimum dollar amounts for the settlement. If the arbitrator’s decision falls between the high and low numbers, it is binding on the parties. If it falls above the high number or below the low number, the agreed maximum or minimum is then the settlement amount.

The Minnesota Supreme Court has established training qualifications for individuals who wish to be "neutrals". A roster of qualified individuals is maintained by the courts. Don Walser of KWHH is a "qualified neutral" on the Minnesota Supreme Court roster. He often acts as an arbitrator in no-fault insurance disputes, as well as a mediator in all types of lawsuits.

Lawsuits are expensive. ADR is an alternative that often brings a settlement of a lawsuit without the expense, time, and unpredictability of a jury trial. It has greatly reduced the number of cases that go to trial in court. It is the way many cases will be resolved in the future.

Kraft, Walser, Hettig & Honsey 
Offers "Full Service" Legal Advice.

Kraft, Walser, Hettig, & Honsey is a "full service" law firm. If you have worked with one of our attorneys, you know that each concentrates in a specialized area of law. However, if your legal problem is not in an area within our practice, we can still help.

For example, if you need a specialist in medical malpractice or aviation law, we will refer you to a specialist we know and trust. We will work together with that specialist to personalize the legal service you receive. When it comes to your need for legal service, KWHH is your first step to getting help.