Mediation and Arbitration Counsel Backed by Trial-Ready Experience
When alternative dispute resolution works, it works because both sides understand what litigation actually costs — and what it produces. Our ADR counsel brings 32 years of civil litigation experience to every mediation and arbitration matter, having represented plaintiffs and defendants in personal injury and commercial disputes across Minnesota and the region. That dual-practice background changes the conversation at the table.
What Alternative Dispute Resolution Means in Practice
Alternative dispute resolution — ADR — refers to any structured process for resolving a civil dispute outside of a courtroom trial. In Minnesota, ADR is not a fringe option. Courts routinely require parties to attempt mediation before a case proceeds to trial, and many commercial contracts include mandatory arbitration clauses that govern how disputes are handled from the outset.
The ADR mechanisms we counsel clients on include:
- Private mediation: A facilitated negotiation in which a neutral third party helps both sides reach a voluntary settlement. The mediator does not decide the outcome — the parties do. Mediation is confidential, flexible, and often faster than litigation.
- Binding arbitration: A more formal process in which a neutral arbitrator (or panel) hears evidence and arguments from both sides and issues a binding decision. Arbitration follows procedural rules and produces an enforceable outcome.
- Neutral evaluation: An early-stage process in which a neutral evaluator assesses the strengths and weaknesses of each party's position. Neutral evaluation is typically used to inform settlement discussions rather than resolve the dispute outright.
Each mechanism serves a different strategic purpose. Choosing the wrong one — or entering the right one without adequate preparation — can limit your options and your outcome.
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The Right Process Changes the Outcome
Most ADR practitioners in Minneapolis come from a judicial or neutral background. They understand procedure. What many do not bring is current, active knowledge of how cases are actually valued, litigated, and resolved by the attorneys sitting across the table.
Our attorneys have represented both plaintiffs and defendants in personal injury, commercial liability, and insurance matters throughout their careers. When we counsel a client entering mediation, we understand how the other side is likely to approach valuation — because we have been on that side. When we represent a carrier or corporate client in arbitration, we understand the pressure a well-prepared plaintiff's attorney can apply — because we apply it ourselves.
That cross-practice fluency is not common among ADR counsel in this market. It is one of the reasons our clients enter ADR proceedings prepared rather than reactive.
Personal injury representation for individuals injured in auto and truck accidents, construction accidents, premises liability incidents, dog bites, and product liability matters — plaintiff-side, across all licensed states
When ADR Is the Right Strategy — and When It Isn't
Settlement is a strategy, not a concession. We recommend ADR when the facts, the jurisdiction, and the client's goals make a negotiated resolution the superior path. We do not recommend it as a default or as a way to avoid the complexity of trial.
Before advising any client on ADR, we evaluate:
- The strength of liability and damages evidence on both sides
- The jurisdiction's ADR requirements and procedural posture
- Whether the dispute involves a mandatory arbitration clause
- The realistic range of trial outcomes versus negotiated outcomes
- The client's timeline, risk tolerance, and relationship with the opposing party
When ADR is appropriate, we approach it with the same preparation we bring to trial. When it is not, we tell you — and we are prepared to go to court.
You Pay Nothing Unless We Recover Compensation
ADR Counsel for Personal Injury, Commercial, and Insurance Matters
Our ADR practice serves a range of clients and dispute types, including:
Individuals and families seeking private mediation to resolve personal injury claims, including auto accidents, premises liability, and wrongful death matters
Insurance carriers and self-insured entities requiring arbitration counsel or representation in ADR proceedings on civil liability claims
Businesses and commercial parties navigating contract disputes, professional liability matters, or claims subject to mandatory arbitration provisions
Referring attorneys who need experienced ADR counsel for their clients in Minnesota or across our licensed states
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Frequently Asked Questions About Alternative Dispute Resolution in Minnesota
What is alternative dispute resolution in civil cases in Minnesota?
Alternative dispute resolution refers to structured processes — including mediation, arbitration, and neutral evaluation — used to resolve civil disputes without a court trial. Minnesota courts actively encourage ADR and require parties in many civil cases to attempt mediation before the matter proceeds to trial. The Minnesota Rules of Civil Procedure and local district court rules govern when and how ADR is required.
What is the difference between mediation and arbitration?
In mediation, a neutral third party facilitates negotiation between the parties, but the parties themselves control the outcome. No decision is imposed — mediation only resolves the dispute if both sides agree. In arbitration, a neutral arbitrator or panel hears evidence and arguments from both sides and issues a binding decision, similar in effect to a court judgment. Arbitration is more formal, more structured, and produces an enforceable result regardless of whether both parties are satisfied with the outcome.
Do Minnesota courts require ADR before trial?
In many civil cases, yes. Minnesota's court system has incorporated ADR requirements at both the state and district levels. Many judges issue scheduling orders that require the parties to complete mediation before a trial date will be set. In addition, many commercial contracts include mandatory arbitration clauses that require disputes to be resolved through arbitration rather than litigation. An experienced ADR attorney can advise you on what your jurisdiction or contract requires before you commit to a process.
Will settling through mediation mean I recover less than I would at trial?
Not necessarily. ADR outcomes depend heavily on preparation, the strength of the underlying case, and the skill of the counsel representing you in the process. A well-prepared mediation with experienced counsel can produce results that are comparable to — or in some cases better than — what a jury might award, without the time, cost, and uncertainty of trial. We evaluate both paths before advising either.
When is ADR not the right choice?
ADR is not appropriate in every dispute. When liability is genuinely contested and requires a fact-finder to resolve, when the opposing party is not engaging in good faith, or when the case involves legal questions that benefit from judicial precedent, trial may be the stronger strategic path. We counsel clients on both options and recommend ADR only when it serves the client's actual interests.
How do I retain ADR counsel at Pattee, Tewksbury & Kerfeld?
Contact our Minneapolis office by phone or through our case evaluation form. We handle ADR matters across Minnesota and our licensed states in Wisconsin, Iowa, and North Dakota. Initial consultations are available to help you determine the right process and counsel for your dispute.
32 Years of Civil Litigation Behind Every ADR Engagement
Our attorneys have spent three decades preparing cases for trial, trying them, and negotiating resolutions on behalf of plaintiffs and defendants alike. That background does not disappear when we enter a mediation room or an arbitration proceeding — it informs every position we take and every recommendation we make.
If you are evaluating ADR counsel in Minneapolis or across the region, we are prepared to discuss your matter and help you determine the right path forward.