Well, the Minnesota Supreme Court determined that it was really important to have a formal process that would focus people’s attention on resolution rather than just continuing the fight.  And back in 1994, 1995 we changed the rules to add mediation into our rules of civil procedure.  And since then it’s become mandated on every civil case.  Before you get a trial date, you have to go to mediation.

And it was really a matter of public policy.  We on the Supreme Court felt it was more important to have people focus on resolution rather than spending all this money in litigation.  And quite frankly, the public sector just does not have all the resources to try all the cases that are filed.  In Minnesota, we have over 2 million cases a year that are filed.  Some of them are just traffic, but with a criminal or family law and everything else, we just don’t have the resources to try every case.

So part of it was just a practical reaction to the large number of civil cases that are being filed.  And we have about 45,000 cases a year – civil cases that are filed in Minnesota.  And about 50,000 divorce cases and about 50,000 major criminal cases.  And we have 300 judges.  So, figure it out.