Minnesota's judges require mediation or some other form of alternative dispute resolution ("ADR") in every litigation. No matter how skeptical the parties are, ADR is ordered. Mediation is far and away the most common form of ADR.
In mediation, the parties (through their lawyers) select a qualified intermediary to hear the respective parties' sides. The intermediary is the mediator. Experienced lawyers know mediators who are better at some types of cases than others. All mediators are either retired judges or lawyers who transitioned from litigation.
In mediation, you do not generally come face to face with the other party. Zoom is a commonly used setting now. If done in-person you separate into separate rooms. The mediator will "bounce" back and forth between the parties' rooms and address the facts, dollars at issue, and the incentives for settling.
It is a completely voluntary process. You do not have to settle, you do not have to give in, and you only need to tell the mediator what you choose to tell the mediator. An experienced lawyer knows how to prepare, what facts and legal issues to focus on for mediation, and counsels you on negotiations during mediation.
Mediation can be frustrating and unnerving. With proper counsel on your side mediation can be exciting and beneficial. If you have questions on this process, feel free to call me and I can discuss mediation with you in more detail.
