There are times when business lawyers and their clients have a dilemma:  On the one hand, the desire for expedited resolution of a dispute, with a preference for a decision-maker with expertise; on the other, the need for a mechanism to narrow the scope of the issues and generate necessary information for intelligent case management, together with preservation of the right to appeal.

The first criteria would appear to be satisfied by traditional commercial arbitration; the second by every jurisdictions rules of civil procedure and evidence.

The informed litigator can now provide the client with such a dilemma with a perfect solution – at least in Minnesota.  Rule 114 of the General Rules of Practice in the District Courts identify as one of the enumerated ADR processes parties are required to consider the “Consensual Special Magistrate.”  The Consensual Special Magistrate is defined in the Rule as:

A forum 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 bind and includes the right to appeal.

Accordingly, a CSM is in effect, a “private judge”, subject to the oversight of the trial judge, chosen by the parties, to determine their dispute, with as many procedural rules on discovery and motion practice as they wish, with all final decisions appealable back into the public court system. Some other jurisdictions have similar processes.

AMERICORD’s Adjudicatory Panel includes former judges and experienced litigators with the knowledge and skill to provide the balance of attributes not available in either traditional arbitration or public court litigation.

For more information on Private Business Court^™ click on  “Private Business Court Services”.