Mediation and Neutral Services in Minnesota
In a dispute, the people who are involved are in the best position to develop resolutions that are workable and mutually beneficial for themselves. However, when parties are at odds, it usually takes a third person to work with the parties and their attorneys to reach a mutual solution. Our founding attorney, Steven Messick, is a skilled mediator and has experience assisting parties to resolve their disputes without the need for further litigation.
Steven earned a certificate in dispute resolution from the Hamline Dispute Resolution Institute (now the Mitchell Hamline Dispute Resolution Institute).
Steven provides mediation and neutral services in Minnesota. His experience is especially useful in family, general civil, probate, and trust and estate matters.
Empowering Parties To Reach Reasonable And Lasting Solutions
In addition to mediation, Steven also serves as an adjudicator of civil disputes. This includes arbitration, neutral fact-finding, and early neutral evaluation of civil matters. Most recently, Steven was appointed by the Rice County District Court to serve as a neutral factfinder in a highly contested estate dispute. Steven has also been appointed by the Chief Judge of the Third Judicial District as a referee to hear and decide conciliation (small claims court) cases.
Mediation For Civil Cases
Aside from our attorneys’ wealth of experience working with both plaintiffs and defendants, we have also worked on civil cases where members of our team served as mediators. Along with our extensive knowledge about claims arising under federal and state statutes and claims arising under common law, we are in a unique position to mediate a variety of civil cases.
Mediation For Family Law Cases
Our years working with family law cases also grant us unique insights as mediators for these cases. We also understand the sensitive nature of many of these cases and we always adjust our approach accordingly without compromising our duty to keep the proceedings orderly and efficient.
Frequently Asked Questions About Mediation
What does mediation mean?
Mediation is a form of alternative dispute resolution where participants problem-solve with the help of a third party. This person, known as a mediator, approaches the issue at hand from an objective, neutral perspective, helps participants consider possible solutions and leads them toward a mutually acceptable consensus. The mediation process is confidential, cost-effective and efficient.
Mediation is an appropriate way to resolve a variety of legal challenges, including:
- Business disputes
- Civil cases
- Divorce and family law matters
- Interpersonal disputes
- Landlord-tenant disputes
- Minor criminal cases
Who attends mediation?
Mediation sessions are attended by the participants and the mediator. In some instances, participants may hire attorneys who can attend these sessions as well.
Who pays for mediation?
Generally, mediation is paid for by the participants, who will split the fees (often equally). The exception to this rule is business disputes involving employees. Often, the employer will cover the cost of mediation.
Is mediation confidential, and what information can be shared outside the mediation session?
Most cases that go to court are public. Mediation allows parties to discuss their grievances and reach a resolution in private. Disputing parties and the neutral third party cannot typically disclose anything said during mediation, allowing for open and honest communication and higher odds of a settlement. Confidential information includes any statements, evidence or documents provided during mediation.
While mediation is generally confidential, parties may be allowed to discuss certain matters outside of mediation, depending on the information or terms of the mediation agreement. For example, admission of a crime, threats of violence or unethical behavior may be disclosed to law enforcement. Evidence that was known before the mediation process or can be discovered outside of mediation may not be bound by any confidentiality agreements. Alternatively, parties can agree that certain information can or will be discussed outside of mediation.
Discussing private matters or exchanging evidence outside of mediation can lead to serious legal consequences.
What happens if we cannot reach an agreement during mediation?
If mediation can not resolve a legal dispute or matter, then the issue may go through other alternative dispute resolutions, such as arbitration. Arbitration allows a neutral third party to help conflicting parties reach a mutually beneficial agreement, much like mediation. However, an arbitrator makes the final decision in a case, so a resolution is not dependent on the two parties coming to any agreement.
If mediation and arbitration fail (or are not wanted), a dispute will typically go to trial, which is generally more time-consuming, expensive and public than the alternatives.
What if I feel there is a power imbalance, or I’m worried the other party will dominate the process?
There may appear to be a power imbalance between parties during mediation, such as a dispute between an employee and employer or a landlord and tenant. A party may feel less confident in their ability to resolve an issue, less informed about their rights and vulnerable to an unfair agreement. However, mediation is meant to resolve legal issues and address concerns of power imbalance, allowing all parties to have their voices heard. This is done by having an experienced mediator facilitate communications between parties.
The mediator acts as a neutral third party who remains unbiased during mediation discussions by setting rules, monitoring interactions and discussing issues with both sides. If a party feels uncomfortable in the presence of the other party, a mediator may set up private sessions, known as caucuses, which allow parties to continue discussing legal matters freely without fear of intimidation.
About Messick Law, PLLC
Messick Law, PLLC, was founded by Steven Messick, a highly respected lawyer in the state of Minnesota. Steven currently serves as a council member of the Minnesota State Bar Association. He is AV Preeminent peer-review rated* through Martindale-Hubbell for strong legal ability and high ethical standards. Super Lawyers has further recognized Steven as a Rising Star since 2019. As an experienced litigator, he is also a counselor and mediator who provides practical solutions to complex legal problems.
