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<br />. <br />" . <br />. <br /> Dear Hayor <br /> We are approaching the time of the year in which you and your <br /> city council are faced with budget decisi<lns - sometimes very <br /> difficult decisions. As a former Mayor I have some understanding <br /> of the scope of the problem. <br /> Resolving conflicts and disputes through the adversarial court <br /> system appears to be escalating. The escalation arises because <br /> of (1 ) higher court awards and (2 ) frivolous and nuisance suits <br /> gaining access to "deep pockets. " <br /> There are alternatives. The mediation process is a cooperative <br /> process which, of course, is vastly different from the court <br /> process. Unfortunately, we have a huge task of educating the <br /> public and city administrative staffs. We have had opportunity <br /> to discuss the process with some administrative staffs and we <br /> find that the re is a lack of understanding between. "mediation and <br /> arbitration." We are finding, for example, that the term <br /> "mediation" is being used erroneously to describe negotiation. <br />. The Supreme Court has taken what I believe is a significant step <br /> in attempting to bring some changes in the process by which we <br /> handle disputes and conflict. It is now mandatory in Minnesota <br /> (State Courts) that all civil disputes be first submitted to one <br /> of several possible alternatives prior to 11 tigation. One of <br /> those is mediation as a cooperative process. It is the only <br /> genuine alternative-the rest are in realty an extension and/or <br /> modification of the adversarial system. I'm sure it will take <br /> some time before attorneys and Judges will feel comfortable with <br /> the new rule but it is an excellent start. <br /> ~ <br />. <br />