Adjudicative Processes

Adjudicative Processes are processes where all the facts, circumstances and law are heard and a decision made by the adjudicator. Cara Lee Neville and Lisa J Savitt both provide arbitration services. Retired Judge Neville also serves as a consensual special magistrate, oversees moderated settlement conferences and offers summary jury trials.

Arbitration

A process in which each party in a dispute and their attorney present their position before a neutral third party, who makes a decision. If the parties agree in advance, the award is binding and is enforceable in the same manner as any contractual obligation.  If the parties do not stipulate that the award is binding, the award is advisory and a request for trial de novo (trial in MN District Court) may be made by any party.

Consensual Special Magistrate (Special Master)

A process in which a dispute is presented to a neutral third party in the same manner as a civil lawsuit is presented to a judge.  This process is binding and includes the right of appeal to the MN Court of Appeals.

Moderated Settlement Conference

A process in which each party and their attorney present their position before a panel of neutral third parties.  The panel may issue a non-binding advisory opinion regarding liability, damages, or both.

Summary Jury Trials

A process in which each party and their attorney present a summary of their position before a panel of jurors.  The number of jurors on the panel is six unless the parties agree otherwise.  The panel may issue a non-binding advisory opinion regarding liability, damages, or both.

Facilitative Processes

Mediation

A process in which a neutral third party facilitates communication between parties to promote settlement.  A mediator may not impose his or her own judgment on the issues for that of the parties.

Evaluative Processes

Early Neutral Evaluation. (ENE)

A process in which attorneys present the core of the dispute to a neutral evaluator in the presence of the parties.  This occurs after the case is filed but before starting trial, and frequently before starting discovery (the formal process of gathering information pertinent to the pending litigation, which may include written interrogatories, document production and depositions). The neutral then gives a candid assessment of the strengths and weaknesses of the case.  If settlement does not result, the neutral helps narrow the dispute and suggests guidelines for managing discovery.

Neutral Fact-Finding

A process in which a dispute, frequently one involving complex or technical issues, is investigated and analyzed by an agreed-upon neutral who issues findings and a non-binding report or recommendation.