Perspectives from the Bench: The Intersection of ADR & the New Civil Procedure Rules

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 procedure:

• 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.


Presenters:
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:  November 11, 2013
You can register by clicking the "Register" button at the top of this page.

Want more information about the MSBA ADR Section ?  Visit our website for news on upcoming CLEs, events and activities! 

Need to cancel?  Please see our cancellation policy .

Questions? Contact:
Jennifer Carter  | 612-278-6309 | jcarter@mnbar.org