Qualified Neutral under Minnesota Court Rule 114 for Mediation and Arbitration

Arbitration:  An Alternative to Litigation

Resolution Without Court
  • Insurance Claims
  • Contract Disputes
  • Real Estate Disputes
  • Construction Issues
  • Business Dissolution & Accountings
  • Family Issues
  • Workplace Issues
  • Estates
  • Valuation Controversies
  • Miscellaneous Disputes
  • Resolution of Cases Filed In Court
  • Civil Matters In Conciliation or District Court
  • Rule 114 Case Diversion for Dispute Resolution
  • Resolution Efforts Without Court Order
  • Determination of Issues Best Suited to Arbitration
  • Post-Judgment Matters
  • Multijurisdictional Matters
  • Damages
  • Binding, Nonbinding
  • High-Low, Baseball, Night Baseball
  • Other Agreed-upon Parameters

  • Arbitration is useful for resolving the frequent legitimate dispute. It is the informal way to present your side of a dispute for a decision within the parameters you have set. It offers a private and efficient way to present the controversy for a determination. Arbitration is usually quicker and less expensive than litigation.

    The Minnesota Supreme Court has adopted rules encouraging mediation and arbitration of cases already in the courts. Parties can also choose to mediate or arbitrate controversies which have not been commenced in the courts. Many other courts and government agencies also encourage mediation and arbitration. These and other forms of alternative dispute resolution have a long tradition in legal systems and cultures.

    Arbitration is flexible. The parties to the dispute will select the issues, the form of the decision, other ground rules, and the arbitrator(s).

    By carefully selecting the issues you wish to present for an arbitrator's decision, you can adapt this informal dispute resolution mechanism to your unique situation.

    Form of Decision
    You can agree to present your side for a nonbinding decision. This will provide a decision that either party can choose not to adopt. The decision may offer an opportunity to put an end to the matter, or you can use the nonbinding decision as a starting point for resolving the matter. A ballpark figure is often useful in preparing the final stages of resolving a money dispute. A binding decision, on the other hand will allow you to agree beforehand that the decision will end the matter. This option is designed to assure no further involvement with the court process.

    Other Ground Rules
    Some decisions can be made beforehand which will better adapt arbitration for your needs. The parties can take advantage of this flexibility where it will assist in resolving the dispute. You can discuss these options with your attorney.

    Selecting the Arbitrator(s)
    Disputes can usually be heard and decided by a single arbitrator or some larger number, as the parties choose. The parties have the opportunity to reject a particular arbitrator, and each potential arbitrator can be asked to disclose details of any relationship which could cause a conflict of interest.

    Your Participation
    You and your attorney gather the written documents and other materials which you determine will best present your side of the dispute. Then, a hearing is held during which you and your attorney present your case in common sense fashion. This will include whatever witnesses, exhibits, and written materials you have decided to present. You will present the facts and the law, much like court. Except the process is simplified, much quicker, less formal, and absolutely private.

    How to Begin
    You will need to have an attorney's expert assistance when deciding whether to use arbitration as well as when and how to proceed. The unique aspects of your situation will have to be carefully considered. You will consider the various forms of arbitration and select the most appropriate way to begin the process.

    An attorney can help you weigh the arbitration option as part of an overall plan for approaching a dispute which has already arisen. An attorney can also assist you in selecting arbitration as an alternative for the handling of possible future disputes; for example, you may wish to write arbitration clauses into contracts.

    The Hearing
    The information is usually presented at a single meeting, which is held at a mutually- convenient time and place. The parties may also decide to meet more than once, or to present materials in writing or by conference call, or through a combination of these.

    The Decision
    The decision is rendered soon after all the materials have been presented by the parties involved. With your attorney's help, you can determine how to proceed once the decision has been rendered.

    Independent Arbitration Services

    I am a completely independent mediator and arbitrator, not connected with any other firms or attorneys. In my opinion, this independence assists parties to feel assured that their matters are receiving entirely neutral treatment.

    Beginning in 1986, my law practice has included arbitration and mediation with private parties, for the courts, and under auspices of organizations administering arbitration programs. My education has included special training in arbitration and mediation through the Hennepin County courts, Minnesota Association of Mediators, American Arbitration Association, Society of Professionals in Dispute Resolution, Minnesota State Bar Association, and the Erickson Mediation Institute. I previously served on bar association committees involved with alternative dispute resolution (mediation and arbitration) and lawyer professionalism.

    I serve on the arbitrator panel of the American Arbitration Association, and have arbitrated matters through the Fourth Judicial District (Hennepin County) Alternative Dispute Resolution program. I am also a volunteer mediator of attorney-client fee disputes through the Seventh District Bar Association and have been a frequent arbitrator of No-fault automobile insurance disputes involving insurance companies and insured parties.

    I am a Qualified Neutral under Minnesota Court Rule 114 for Mediation and Arbitration.

    For Further Information: Contact me for a packet including filing forms and rules for arbitrations.

    GERALD HASSELBRINK, Attorney at Law
    of the Minnesota Bar and United States District Court
    Qualified Neutral under Minnesota Court Rule 114 for Mediation and Arbitration


    St. Cloud - St. Joseph, Minnesota
    Phone (320) 251-0222 | (320) 363-0414


    Copyright 2009 Gerald Hasselbrink
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