ADR

Professor Kleinberger serves not only as an arbitrator but also as a consensual special magistrate.

Arbitration

Professor Kleinberger arbitrates commercial and business disputes, including disputes involving non-U.S. parties.  He applies the law rather than any amorphous concept of "fairness," does not "split the baby," resolves discovery disputes quickly and on the merits, and decides dispositive motions long before testimony is scheduled to begin. In the interests of transparency, Professor Kleinberger prefers to provide a written explanation of each award, but, if the parties prefer, he will issue an award without explanation.

consensual special magistrate

According to the Minnesota Supreme Court, the Consensual Special Magistrate (CSM) is "[a] forum in which the parties present their positions to a neutral in the same manner as a civil lawsuit is presented to a judge. This process is binding and includes the right of appeal to the Minnesota Court of Appeals.”  Rule 114.02(a)(2) (emphasis added).

Professor Kleinberger has presided over more than 40 trials as a CSM.