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ALTERNATIVE DISPUTE RESOLUTION
 Camrud, Maddock, Olson & Larson, Ltd., is proud to have diversified
services offered to its clients by the recent addition of Alternative Dispute Resolution services.Alternative Dispute Resolution, often referred to as "ADR," can take several forms. ADR refers to alternatives to judicial resolution of conflicts between parties and includes mediation, arbitration, non binding arbitration and mini trials.
While each method of ADR has its place, mediation has a good success rate when it comes to resolving disputes. Along with keeping costs down,
especially if undertaken early, mediation is desirable to clients since it does not necessarily produce a winner and a loser - an important
result particularly in situations where the issues are about more than money.
The dispute resolution services that are offered by Camrud, Maddock, Olson & Larson Ltd., while not limited to the mediation process, do focus
primarily on mediation, a method of ADR that has evolved as it has become more common. In the past mediation had the parties confronting each
other during the entire process. While we believe that having the parties meet face to face to give an opening statement is often important to
the start of a good mediation, the process usually works better if the parties are separated after these opening statements.
Mediation is not a process of judging, it is a process of facilitating communication. While approaches may differ, the mediator does not usually
express an opinion during the mediation process. Each mediation is unique but the process seems to work better when no opinion is ever provided
or is limited in scope, and then only at the very end of the mediation.
Individual parties can agree to mediate between themselves, however most of the mediations handled by Camrud, Maddock, Olson & Larson, Ltd.,
have been initiated through other legal counsel. Mediation begins and continues only with the agreement of all parties and their respective
legal counsel should they have representation.
Specific information is provided to the mediator and, in turn, the mediator provides certain information to the parties. Mediation is private and
confidential. If, for some reason, the mediation does not resolve the dispute, nothing that is done or said in the process of mediation can be used in another proceeding.
Generally, the process of mediation is informal and the rules encountered in court do not apply to mediation. If the mediation is court-ordered, there could be additional requirements put on the process, such as a date for completion of mediation.
Most of our mediations resolve in a single meeting. However, there are occasions, where for reasons of time or to allow the parties to obtain
additional information, it is necessary that the parties return for another meeting. If some of the matters have been resolved before the end
of the first meeting, the issues resolved are reduced to a written agreement.
WHEN IS MEDIATION APPROPRIATE?
We believe mediation is appropriate in the following situations:
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When negotiations between parties are not progressing. This may happen when the parties are irrational, when one or more of the parties have not
properly evaluated their position, or when there is a clash of personalities.
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When the legal process or the alternative of doing nothing becomes expensive. If successful, mediation will, almost always, save costs, whether legal fees, down time, loss of profits, interest costs or just the general well being of the parties.
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When time is of importance.
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When mediation appeals to all the parties, for whatever reason.
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While there may be other reasons to mediate a dispute, in our experience, mediation should be considered whenever parties find themselves in any of these situations.
THE MEDIATION PROCESS
An example of how a typical mediation works in this office is as follows:
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All parties meet together in a single room with the mediator. Everyone is introduced to one another and to the process. While not necessary, each party may then make an opening
statement of their position. The mediator will suggest whether or not an opening statement may be beneficial to the process.
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Following introduction and possible opening statements, the parties are then separated into one of as many as seven private conference rooms available at Camrud, Maddock, Olson & Larson, Ltd.. The mediator then meets with each party, helps them to do their own review and analysis of their position or case, and then takes offers and information back and forth between the parties.
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All of the parties separately work with the mediator toward a solution and generally never meet together again until it becomes time to sign a settlement agreement and sometimes not even then.
Mediation affords the parties the option of that decision.
For the most part, mediations are successful if the parties want to resolve their differences. In some cases, the mediation ends without a settlement but a full or partial
settlement is reached within a short time following the mediation. We follow up with the parties unless they specifically tell us they do not want us to do so.
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ABOUT US
Gordon W. Myerchin and Scott D. Jensen have completed mediation training and are experienced mediators. In addition, several of the attorneys at Camrud, Maddock, Olson & Larson, Ltd., have many years of practice and practical experience in particular areas where they could be invaluable as mediators.
PLEASE FEEL FREE TO CONTACT US BY PHONE, FAX OR EMAIL
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