Please join our panel of judges for a spirited debate regarding a number of subjects involving
ADR, the courts, the state and federal public policy.
Since U.S. Supreme Court Chief Justice Warren Burger began promoting ADR, and
in particular, arbitration as a means to resolve disputes privately, the usual
push from most judges in civil cases has been to encourage settlement rather
than trial. In 2013 however, the Minnesota Rules of Civil Procedure were
amended to reflect changes in policy regarding the benefits of public dispute
resolution. The idea in part is that by controlling costs of discovery in
proportion to the dispute, judges can encourage trials, resulting in the
development of better and more updated common law, especially in business
cases. Our panel will discuss the apparent conflicting public policy
concerns surrounding ADR as a result of the new state rules of civil
1. Is ADR still a
valuable tool to unclog dockets and resolve disputes efficiently, or is it an
impediment to the expressed policy interest of developing state common
law, especially in commercial cases?
2. Is ADR still
favored by the bench?
3. Are there
implications for application of the Federal Arbitration Act, and how will any
policy shift affect the see-saw battle between when an arbitrator should
decide an issue as opposed to when a court must decide?
4. How is the right
to contract affected, and what role does it play, both with respect to the
development of the common law of arbitration itself, and the procedural rules
that govern it?
5. How do the goals of the judicial
system align with the goals of ADR (i.e., resolving disputes in a just, speedy
and efficient fashion) and how are they different?
The panelists will discuss and debate these and other questions as we explore
the evolving role of ADR.
Judge Louise Dovre Bjorkman,
Minnesota Court of Appeals
Sam Hanson, Briggs and
Morgan and former MN Supreme Court Associate Justice
Senior Judge Gary R. Larson (Ret.)
Judge Edward T. Wahl, Hennepin County District Court
Deadline to Register:
can register by clicking the "Register" button at the top of this
To register by mail with a check, please use the
registration form located here.
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