Minnesota
Summary
The following summarizes statewide court ADR rules and policies. For ADR in a local jurisdiction, see the local court’s website.
Note: This is a summary of state court ADR in Minnesota. Authority for federal court ADR is found in the Alternative Dispute Resolution Act of 1998. Information on federal court ADR rules and procedures can be found on each court’s website. Any studies or evaluations involving federal court ADR in Minnesota can be found in RSI’s Research Library and in Reports below.
State Legislation
- Minnesota Statute 484.76: Alternative Dispute Resolution Program
- Minnesota Statute 518.619: Custody or visitation; mediation services
- Minnesota Statute 518.1751: Parenting time dispute resolution
- Minnesota Statute 572.31-40: Minnesota Civil Mediation Act
Statewide Court ADR Rules and Policies
- Minnesota General Rules of Practice Rule 114: Alternative Dispute Resolution
- Minnesota General Rules of Practice Rule 114 Appendix: Code of Ethics, Mediation, Code of Ethics Enforcement Procedure
- Minnesota General Rules of Practice Rule 310: Alternative Dispute Resolution
- Minnesota Code of Judicial Conduct Rule 3.9: Service as Arbitrator or Mediator
State Office of Court ADR:
- No full-time state court ADR office.
Statutes
Civil Justice Reform Act of 1990
U.S. Congress. Dec. 1, 1990; amended Dec. 9, 2001Resource Type: Legislation
Abstract: With this bill, each United States district court is required to develop a civil justice expense and delay reduction plan. As part of this plan, the act authorizes district courts to refer appropriate cases to designated ADR programs. The act also re...
Alternative Dispute Resolution Act of 1998
U.S. House of Representatives Office of the Law Revision Counsel. United States Code, Oct. 1, 1998Resource Type: Legislation
Abstract: This act authorizes each United States District Court to require litigants in all civil cases to consider the use of ADR process. It provides the framework by which each district court should promulgate procedures and rules regarding the ADR process ...
Minnesota Statute 484.76: Alternative Dispute Resolution Program
Minnesota Legislature. Jan. 1, 2018Resource Type: Legislation
Abstract: This statute instructs the Supreme Court to establish and implement rules for a statewide alternative dispute resolution program for civil cases filed with the courts. All civil disputes except those involving family law are eligible for referral to ...
Minnesota Statute 518.1751: Parenting time dispute resolution
Minnesota Legislature. Jan. 1, 2018Resource Type: Legislation
Abstract: Except in cases where abuse is alleged or suspected, or where the parties cannot afford it, this statute allows the court to refer parenting time disputes to a parenting time expeditor for resolution. Judicial districts are allowed to establish manda...
Minnesota Statute 518.619: Custody or visitation; mediation services
Minnesota Legislature. Jan. 1, 2018Resource Type: Legislation
Abstract: Except in cases where there is probably cause to suspect child or spousal abuse, this statute permits the court to refer any dispute concerning custody or parenting time rights to mediation. The statute sets basic mediator qualifications and the broa...
Minnesota Statute 572.31-40: Minnesota Civil Mediation Act
Minnesota Legislature . Minnesota Statutes, Jan. 1, 2018Resource Type: Legislation
Abstract: The Civil Mediation Act defines mediation terms, sets out the effects of a mediated settlement agreement, explains the process for setting aside or reforming a mediated settlement agreement, enables courts to set aside a mediated settlement agreement...
Rules
Minnesota General Rules of Practice Rule 310: Alternative Dispute Resolution
Supreme Court of Minnesota. Sep. 1, 2018Resource Type: Rules - Court
Abstract: Under this rule, all family law matters in district court are subject to alternative dispute resolution processes except for certain cases involving domestic abuse, contempt, or maintenance, support, and parentage actions. The court will not require ...
Minnesota General Rules of Practice Rule 114: Alternative Dispute Resolution
Supreme Court of Minnesota. Jan. 1, 2018Resource Type: Rules - Court
Abstract: Under this rule, all civil cases are subject to alternative dispute resolution processes. A conference shall be held after service of a complaint in which the selection and timing of the ADR process will be discussed. The parties may select a neutral...
Minnesota General Rules of Practice Rule 114 Appendix: Code of Ethics, Mediation, Code of Ethics Enforcement Procedure
Supreme Court of Minnesota. Jan. 1, 2018Resource Type: Rules - Court
Abstract: The Code of Ethics is an appendix to the Minnesota General Rules of Practice Rule 114 - Alternative Dispute Resolution and applies to civil district court cases. The appendix covers three main topics including: Code of Ethics, Mediation, and Code of ...
Minnesota Code of Judicial Conduct Rule 3.9: Service as Arbitrator or Mediator
Minnesota Supreme Court. Dec. 18, 2008Resource Type: Order
Abstract: The Minnesota Code of Judicial Conduct at Rule 3.9 allows retired and part-time judges to serve as private neutrals in limited circumstances. Judges may not act as a mediator or arbitrator during judicial assignments. They also may not serve as a neu...
Minnesota General Rules of Practice for the District Courts Rule 114. Alternative Dispute Resolution
July 1, 1997; Amended January 1, 2005Resource Type: Rules - Court
Abstract: This rule requires attorneys to inform their clients of the ADR processes available through the court system. It also outlines the referral process, the process for selecting the neutral, attendance requirements, the extent of confidentiality, and th...
Reports
ADR in the Federal District Courts: An Initial Report
Stienstra, Donna. Nov. 1, 2011Resource Type: Report
Abstract: This report describes the use of ADR in the federal courts. Twelve years after the Alternative Dispute Resolution Act required federal courts to provide ADR services for all civil cases, every federal district court has authorized at least one form o...
Guide for Implementing the Balanced and Restorative Justice Model
Office of Juvenile Justice and Delinquency Prevention . Dec. 1, 1998Resource Type: Report
Abstract: The Balanced and Restorative Justice (BARJ) Project was established in 1993 and emphasizes an alternative philosophy called restorative justice (RJ). This model concentrates on making amends and involving the offender, victim and community in resolvi...
Client Evaluation of Family Group Conferencing
Fercello, Claudia; Umbreit, Mark. Nov. 25, 1998Resource Type: Evaluation
Abstract: In July 1996, Minnesota launched the Family Group Conferencing Program, a 2-year project with the goal of increasing client satisfaction with the criminal justice system. The program was designed to provide a forum for crime victims to meet with the...
Client Evaluation of the Victim/Offender Conferencing Program in Washington County (MN)
Umbreit, Mark; Fercello, Claudia. Apr. 8, 1997Resource Type: Evaluation
Abstract: The purpose of this evaluation is to discover what participants in the Washington County Victim/Offender Program thought about their experience. The authors first describe the format of small and large group conferencing used in victim/offender medi...
The Impact of Rule 114 on Civil Litigation Practice in Minnesota
McAdoo, Bobbi. Jan. 1, 1997Resource Type: Study
Resource Type: Mediation Efficacy Study
Abstract: The study examines the impact of Minnesota Rule 114, which requires attorneys to consider ADR in every civil case, discuss ADR with their clients and opposing counsel, and advise the court regarding their conclusions about ADR, including the selectio...
Mediation of Civil Cases in Hennepin County: An Evaluation
Kobbervig, Wayne. Feb. 1, 1991Resource Type: Evaluation
Resource Type: Mediation Efficacy Study
Abstract: This study evaluated a pilot program for the mediation of major civil cases, examining trial rates, disposition time and satisfaction of attorneys and litigants. It found that approximately 2/3 of mediations resulted in an agreement, that the program...
Contacts
Minnesota Judicial Branch Alternative Dispute Resolution Services
Minnesota Judicial Branch.Resource Type: Organization
Abstract: Rule 114 of the Minnesota Rules of Practice for the District Courts states that the court must provide parties involved in civil cases with information regarding alternative dispute resolution (ADR). Services offered by the Minnesota Alternative Disp...