Early Mediation in Your Civil Litigation Case: A Time and Cost Saver, or a Waste of Time and Money?
August 19, 2022 | Joan M. Quade
The short answer is that it depends. But there are many cases where, with hindsight, we can say that it would have been beneficial to try early mediation. There are some cases where we tried early mediation and they settled before the parties spent a lot of money and time. These are usually the happiest litigants. In my 35 years as a lawyer and advocate for litigants, in many different types of civil litigation cases, and my years as a mediator and an arbitrator, I can tell you that there are many cases that would, and many that did, do well in early mediation. There are also many more cases, especially in the last years, that should have tried early mediation and settled. Litigation should be a last resort for dispute resolution. It costs too much, and it takes too long. Good lawyers, who have a thorough understanding of the law and experience in the litigation process, and who are representing reasonable clients, should be able to negotiate a settlement with the help of a skilled mediator. More and more the parties wish, as they slog through the litigation process, that they would have settled earlier in the process, instead of spending the money and time it takes to litigate. 96% of all…
Read MoreBoating Safety & What to Do After an Accident
July 28, 2022 | Adriel B. Villarreal
Boating is one of most popular summer activities for Minnesotans, making it crucial that everyone on the water takes the necessary safety precautions. According to the Minnesota Department of Natural Resources (DNR), there were 18 boating deaths, 69 non-fatal boating accidents, and 53 non-boating drownings reported throughout the state in 2021. Being cautious and attentive helps keep everyone safe and having fun. However, the fact remains that there’s no guarantee. Continue reading to learn more about boating safety and what you should do if you have an accident. Boating safety tips and regulations First things first, we want to outline precautions everyone should take when boating. These tips will help keep you, your passengers, and those in other boats safe. Wear a life jacket Stay sober and never illegally operate a boat under the influence* Tell someone where you are going and when you plan to be back Be aware of current and upcoming weather Avoid distractions and always stay alert of your surroundings Remain seated whenever the boat is being driven Drive the boat responsibly Have the proper equipment on your boat Have a boating license if required Don’t allow more than the maximum people on your boat Additionally, you may want to consider a boating safety course. This will give you…
Read MoreProposed Rule Amendments Governing Minnesota Veterans Homes Disapproved
July 20, 2022 | Cathryn ReherOn April 15, 2022, Administrative Law Judge Jessica A. Palmer issued her order rescinding the Minnesota Department of Veteran Affairs Additional Notice Plans and disapproving in toto the proposed changes to the Minnesota Veterans Homes Rules (Minn. R. Ch. 9050). The proposed amendments related to admissions, discharges, and billing procedures. Members of the Elder Law Section along with many stakeholder groups over a three-month period committed significant time to research, raised substantive written objections, and testified at the public rule-making hearing on January 31, 2022. The resulting order found the “Department did not establish that it complied with all procedural requirements of law and rule, or that the proposed rules are needed and reasonable. The Department failed to adequately address all of the regulatory factors required for consideration in the Statement of Need and Reasonableness (SONAR) under Minn. Stat. § 14.131. This is a prejudicial defect and not a harmless error.” Further, the ALJ determined “the MDVA misrepresented its engagement with the public in the development of the proposed rules. The Administrative Law Judge would not have approved the MDVA’s Additional Notice Plan as proposed had she known that the SONAR’s description of the level of prior stakeholder involvement was not true.” The MDVA committed five years to the rule-making process and all…
Read More