Is it possible to settle a business litigation case out of court?

Yes, it is possible to settle a business litigation case out of court in Minnesota. The process of settling a business litigation case out of court is known as “alternative dispute resolution” or “ADR.” The most commonly used type of ADR is mediation, which involves the parties to the dispute meeting with a neutral third person (a mediator) and attempting to work out a resolution of the dispute between themselves. In Minnesota, ADR can be used at any time during the litigation process, including before the filing of the complaint. The parties are free to agree to use ADR and the court will usually require some form of ADR if the parties agree to it. Even if the parties do not agree to use ADR, the court may order them to participate in mediation or arbitration. In mediating a business litigation case, each party will present the facts and legal analysis relevant to the dispute and explain his or her view of the case to the mediator. The mediator will then work with the parties to try and identify common ground on which to reach an agreement. If an agreement is reached, it is finalized in a formal written document. This document can then be filed with the court as a settlement agreement. ADR can be a very effective method of settling business litigation cases and can often be less costly and less time consuming than a full court trial. This makes it an attractive option for both parties.

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