26 Pages Posted: 9 Sep 2011 Last revised: 19 Feb 2013
Date Written: 1999
The authors argue that the Minnesota Civil Mediation Act suffers from inconsistent policy choices, lack of integration with other statutes and rules, and ambiguous and incomplete language. The technical provisions of the Act jeopardize the finality of mediated settlements inviting extended litigation to bring peace and end the conflict. Participants in mediations, parties and lawyers alike, may be at risk in terms of fulfilling their expectations and obligations under Minnesota's statutory scheme.
Keywords: mediation, alternative dispute resolution, Civil Mediation Act
Suggested Citation: Suggested Citation
Coben, James Richard and Thompson, Peter N., The Haghighi Trilogy and the Minnesota Civil Mediation Act: Exposing a Phantom Menace Casting a Pall Over the Development of ADR in Minnesota (1999). Hamline Journal of Public Law & Policy, Vol. 20, p. 299, 1999. Available at SSRN: https://ssrn.com/abstract=1723301