Frequently Asked Questions

1. What is Mediation?

2. What is Arbitration?

3. How Does Mediation Work?

4. How does Arbitration work?

5. How much does Mediation cost?

6. How much does Arbitration cost?

7. What is Conflict Resolution Minnesota?

8. What is the Mission Statement of Conflict Resolution Minnesota?

9. Why should I join Conflict Resolution Minnesota?

10. How do I join CRM?

1.What is Mediation?

Mediation is the process which brings together individuals with conflicting points of view in the interest of compromise. The mediator advocates for the process of compromise, but does not represent the interests of any one of the conflicting parties over the interests of the other.

Mediation offers the opportunity for those in conflict to determine their own solutions to the conflict, and thus differs from the process of arbitration, which involves a neutral party who hears all arguments and imposes a solution. In mediation, parties are asked to recognize that they may not get everything they want, but they can decide for themselves what they need, and perhaps what they are willing to trade in exchange for something of higher priority.

No judge or jury will personally experience the long-term consequences of a private conflict which they may be asked to remedy. Mediation provides a dignified opportunity for conflicting parties to put conflict behind, and look optimistically and purposefully toward the future.

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2. What is Arbitration?

Arbitration is a method of dispute resolution where a neutral third party, an arbitrator, conducts an evidentiary hearing. Upon consideration of the evidence, the arbitrator makes a legally binding decision. Arbitration differs from mediation in that once you enter the arbitration process, you are bound by the arbitrator's decision. Mediation is a negotiation process, where the mediator guides parties to a mutually acceptable solution.

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3. How Does Mediation Work?

YES—	It works when parties are willing to present their concerns to each other and listen to each other.
NO—	It does not work when a party assumes that anyone in disagreement with him or her is wrong or unreasonable.
YES—	It works when parties are willing to focus on solving a shared problem.
NO—	It does not work when a party is intent on “winning,” or when one party expects the other side to yield to threats.
YES—	It works when parties are willing to recognize that a trial is an uncertain process, even when they are sure they are right.
NO—	It does not work when a party expects that the Court will agree with him or her, or chooses to impose financial hardship on the other party by forcing Issues into trial.
YES—	It works when parties recognize that they share an interest in a resolution that is fair and can be arrived at quickly and at minimal expense.
NO—	It does not work when parties are more Intent on behaving in an adversarial manner than on making sound decisions.

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4. How does Arbitration work?

Arbitration hearings are attended by the parties involved, their attorneys, the arbitrator, and the parties witnesses. Each party makes an opening statement, presents their evidence, questions and cross examines witnesses, and makes a closing statement. During this presentation formal rules of evidence generally do not apply. The arbitrator then has a fixed period of time in which to render an award.

The scope of an arbitrators authority will be governed by law (In Minnesota, Chapter 572 of Minnesota Statutes) the agreement of the parties (e.g. Union collective bargaining agreement or employment contract) , case law, and rules set out by organization such as the American Arbitration Association.

Arbitrations are generally authorized by agreement of the parties only.

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5. How much does Mediation cost?

Most Mediators’ charge a fee for conducting a mediation session. This fee can vary greatly depending on the individual or organization involved. Although there is a fee for mediation services, Mediation can generate substantial savings in the long run. Legal fees and court costs can easily run into tens of thousands of dollars, with risk of increasing loss of your own voice in the process. Your investment in mediation can save time, emotional energy, and thousands of dollars.

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6. How much does Arbitration cost?

Most Arbitrators ’ charge a fee for conducting an arbitration session. This fee can vary greatly depending on the individual or organization involved. Although there is a fee for arbitration services, arbitration can generate substantial savings in the long run. Legal fees and court costs can easily run into tens of thousands of dollars, with risk of increasing loss of your own voice in the process. Your investment in arbitration can save time, emotional energy, and thousands of dollars.

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7. What is Conflict Resolution Minnesota?

Conflict Resolution Minnesota (known as CRM) is an organization formed as a result of a March 10, 2004 meeting in which it was decided that the Minnesota Association of Mediators and the Minnesota Association of Conflict Resolution (ACR) would merge into the new organization called Conflict Resolution Minnesota. This new organization is designed to provide support for both Arbitrators and Mediators in Minnesota.

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8. What is the Mission Statement of Conflict Resolution Minnesota?

The mission statement for CRM is: To advance the profession of conflict resolution to more effectively help individuals, organizations, and communities manage and resolve conflict.

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9. Why should I join Conflict Resolution Minnesota?

Some of the reasons to join CRM are as follows:

1.	Belong to an organization of Arbitrators and Mediators who provide conflict resolution services in Minnesota.
2.	Get a chance to meet other Arbitrators and Mediators.
3.	Get your name on a website with information about your practice, company and specialty that you can use as a marketing tool
4.	Provides network opportunities.
5.	Provides training opportunities at reasonable price and forums for learning about ADR.
6.	Receive a newsletter with information about what is happening in Minnesota regarding Arbitration and Mediation .

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10. How do I join CRM?

Our website at www.conflictresolutionmn.org has an application form that you can fill out online, or print out. All you need to do is fill out the application form and apply online, or mail it in with your membership dues.

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