Dispute Resolution Services (DRS) : DRS Processes : Private Decision Making

Arbitration, Consensual Special Magistrate (CSM) and Special Master processes are all options within the “adjudicative” or decision-making type of dispute resolution. Essentially the neutral in these processes acts as a private judge. The neutral’s power and the ability of the parties to appeal the neutral’s decision vary depending upon the option chosen.

Arbitration
In an arbitration, the parties select a neutral person to render a decision after presiding over a hearing or trial. The arbitration may cover all issues in the matter, or just certain issues. Often the procedural and evidentiary rules are more informal than the rules which would be in effect if the matter was tried before the court. The parties can decide on how they would like to proceed. Arbitration may be binding or non-binding and the parties stipulate as to this point in writing. In the case of binding arbitration, the decision is not subject to appeal and will be entered as a final order by the District Court.

Consensual Special Magistrate
In this process, the court appoints a neutral person, with the parties’ consent, to hear the case. The proceeding is conducted in the same manner as a civil lawsuit. This process is always binding. However, unlike arbitration, the parties can appeal the decision to the Minnesota Court of Appeals.

Special Master
A Special Master is a neutral third party appointed by the court to carry out an order of the court directed to a specific issue, such as the sale of property or the determination of the value of certain assets.

Providers
Private decision making services are provide by DRS neutral, Frank Abramson.

How to Start Private Decision Making

• Complete the online New Client Enrollment Form by clicking here. Or your attorneys may complete this form for you by accessing the following link: http://www.drsmn.com/new_clients/new_client_form.aspx
  
  
• DRS staff will acknowledge receipt of your form and schedule a telephone conference for your private decision maker and your attorneys to plan for the process. (If you and your spouse, partner or other participants are not represented by counsel, the phone conference will occur with all of you.)

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