EFFICIENT, EFFECTIVE AND
AFFORDABLE COMMERCIAL
ADR (REALLY!)
PATRICK BURNS, ESQ.
MEDIATOR & ARBITRATOR
LINDA MEALEY-LOHMAN...
AGENDA
ValueSolve ADR Philosophy
Court-connected Flat Fee Mediation Pilot Program
• History
• Characteristics
• Administra...
VALUESOLVE ADR
Philosophy: ADR should be efficient, effective and affordable
Efficient: 4-hour mediation session;
Flexible...
COURT-CONNECTED FLAT FEE
MEDIATION PILOT PROGRAM
History
• 2011 approved by 4th Judicial District (Hennepin County/Minneap...
COURT-CONNECTED FLAT FEE
MEDIATION PILOT PROGRAM
Administered entirely by ValueSolve ADR
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•
•
•
•
•
•
•
•
© ValueSolve AD...
UNIQUE MEDIATION PROCESS
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








© ValueSolve ADR, LLC 2013
BENEFITS



OBSTACLES



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© ValueSolve ADR, LLC 2013
HOW TO REPLICATE FLAT FEE
PILOT PROGRAM

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© ValueSolve ADR, LLC 2013
NEUTRALS ARE GOOD AT
LISTENING RESPECTFULLY
© ValueSolve ADR, LLC 2013
PATRICK BURNS
 ValueSolve ADR – Commercial,
Consumer & Franchise
 AAA Mediator & Arbitrator
 Past Chair of the Minnesot...
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Efficient, Effective and Affordable Commercial ADR (Really!)

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The program will focus on how we as neutrals can provide ways, through mediation, facilitation,
negotiation, arbitration and preparation (!!!) to create a “new normal” in which interactions between
parties make peace happen. Active engagement between presenters and audience will draw out the benefits
of and obstacles to achieving a more efficient, effective and affordable ADR process in the court-annexed
and litigated civil case. We have partnered with the local state court (Hennepin County (Minneapolis) to
implement a "Flat Fee Mediation Pilot Program." We will describe it and show how it can be replicated
around the country. Both presenters regularly mediate a wide variety of cases (pro bono, through the
ValueSolve and court-annexed flat fee program ("low bono") and at regular commercial rates) through ad
hoc appointments and other panel referrals such as the AAA. Both presenters are former council members
of the 400-member Minnesota State Bar Association ADR Section.

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Efficient, Effective and Affordable Commercial ADR (Really!)

  1. 1. EFFICIENT, EFFECTIVE AND AFFORDABLE COMMERCIAL ADR (REALLY!) PATRICK BURNS, ESQ. MEDIATOR & ARBITRATOR LINDA MEALEY-LOHMANN, ESQ. MEDIATOR & ARBITRATOR WWW.VALUESOLVEADR.ORG © ValueSolve ADR, LLC 2013
  2. 2. AGENDA ValueSolve ADR Philosophy Court-connected Flat Fee Mediation Pilot Program • History • Characteristics • Administration Unique Mediation Process Benefits / Obstacles © ValueSolve ADR, LLC 2013
  3. 3. VALUESOLVE ADR Philosophy: ADR should be efficient, effective and affordable Efficient: 4-hour mediation session; Flexible time of day/day of week Effective: Highly qualified neutrals with combined 140 years of ADR experience crafted a unique mediation process Affordable: Charge a flat-fee of $900 per party for mediation (up to $250,000 in controversy) No case service or administrative fees © ValueSolve ADR, LLC 2013
  4. 4. COURT-CONNECTED FLAT FEE MEDIATION PILOT PROGRAM History • 2011 approved by 4th Judicial District (Hennepin County/Minneapolis) • “Flat Fee Mediation Pilot Program” Characteristics • • • © ValueSolve ADR, LLC 2013
  5. 5. COURT-CONNECTED FLAT FEE MEDIATION PILOT PROGRAM Administered entirely by ValueSolve ADR • • • • • • • • • © ValueSolve ADR, LLC 2013
  6. 6. UNIQUE MEDIATION PROCESS           © ValueSolve ADR, LLC 2013
  7. 7. BENEFITS    OBSTACLES     © ValueSolve ADR, LLC 2013
  8. 8. HOW TO REPLICATE FLAT FEE PILOT PROGRAM       © ValueSolve ADR, LLC 2013
  9. 9. NEUTRALS ARE GOOD AT LISTENING RESPECTFULLY © ValueSolve ADR, LLC 2013
  10. 10. PATRICK BURNS  ValueSolve ADR – Commercial, Consumer & Franchise  AAA Mediator & Arbitrator  Past Chair of the Minnesota State Bar ADR Section  Member of National Academy of Distinguished Neutrals  IMI Certified Mediator  Adjunct Professor - University of South Dakota  Patrick.Burns@ValueSolve ADR.org LINDA MEALEY-LOHMANN  ValueSolve ADR – Commercial, Consumer & Employment  AAA Mediator & Arbitrator  Current Chair of the Minnesota State Bar ADR Section  Member of National Academy of Distinguished Neutrals  EEOC & USPS Contract Mediator  Adjunct Professor-William Mitchell College of Law  Linda.MealeyLohmann@ValueSolve ADR.org 4200 IDS Center, 80 South 8th Street, Minneapolis, MN 55402 Website: www.ValueSolveADR.com

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