North Dakota
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 North Dakota. 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 North Dakota can be found in RSI’s Research Library and in Reports below.
State Legislation
- North Dakota Code 14-09.1: Contested Child Proceedings Mediation
- North Dakota Coe 14-09-05.1: Grandparental rights of visitation to unmarried minors - Mediation or arbitration
- North Dakota Code 31-04-11: Mediation - Inadmissibility of evidence - Exception
Statewide Court ADR Rules and Policies
- North Dakota Rules of Court Rule 8.8: Alternative Dispute Resolution
- North Dakota Rules of Court Rule 8.9: Roster of Alternative Dispute Resolution Neutrals
- North Dakota Rules of Court Rule 8.9, Appendix A: Code of Mediation Ethics
- North Dakota Rules of Civil Procedure Rule 16: Pretrial Conferences; Scheduling; Management
- North Dakota Supreme Court Administrative Rule 43: Joint Committee on Alternative Dispute Resolution
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 ...
North Dakota Code 31-04-11: Mediation - Inadmissibility of evidence - Exception
North Dakota Legislative Branch. Jan. 1, 2019Resource Type: Legislation
Abstract: This statute makes communications made during a mediation process inadmissible in court, unless the disclosure is agreed to by all parties, the validity of the mediated agreement is in issue, or the communication relates to a crime, civil fraud, or v...
North Dakota Code 14-09.1: Contested Child Proceedings Mediation
North Dakota Legislative Branch. Jan. 1, 2019Resource Type: Legislation
Abstract: For disputes involving child custody or visitation, this chapter authorizes the court to refer parties to mediation. Such referrals are prohibited, however, for cases that involve physical or sexual abuse. Other topics addressed include mediator sele...
North Dakota Code 14-09-05.1: Grandparental rights of visitation to unmarried minors - Mediation or arbitration
North Dakota Legislative Branch. Jan. 1, 2019Resource Type: Legislation
Abstract: In cases where a grandparent's visitation rights are disputed, this statute authorizes the courts to refer the parties to mediation. If the mediation fails, the mediator may, with a court order, arbitrate the dispute. ...
Rules
North Dakota Rules of Court Rule 8.9: Roster of Alternative Dispute Resolution Neutrals
Supreme Court of North Dakota. Jan. 1, 2014Resource Type: Rules - Court
Abstract: Under this rule, the state court administrator is to maintain and monitor a roster of neutrals for civil arbitration, civil mediation, and domestic relations/contested child proceedings mediation, which is to be updated annually. The rule specifies t...
North Dakota Rules of Court, Rule 8.9, Appendix A: Code of Mediation Ethics
Supreme Court of North Dakota. Mar. 1, 2007Resource Type: Rules - Court
Abstract: "The purpose of this Code of Ethics is to provide standards of ethical conduct to guide mediators who provide mediation services, to inform and protect consumers of mediation services, and to ensure the integrity of the mediation process." The code s...
North Dakota Rules of Court Rule 8.8: Alternative Dispute Resolution
Supreme Court of North Dakota. Adopted March 1, 2001; amended effective March 1, 2011Resource Type: Rules - Court
Abstract: Under this rule, parties to civil suits are encouraged to participate in ADR at an early stage of the case, and all parties in civil cases not excluded from application of the rule must discuss ADR participation. The rule outlines procedures for fili...
North Dakota Supreme Court Administrative Rule 43: Joint Committee on Alternative Dispute Resolution
Supreme Court of North Dakota. Adopted January 1, 2001; appendix approved April 16, 2003Resource Type: Rules - Court
Abstract: This rule sets up a joint committee to study and review ADR in the justice system. The committee is made up of six members, including two lay members. Appointments are for 3 years and the terms are staggered. The committee has various duties, includi...
North Dakota Rules of Civil Procedure Rule 16: Pretrial Conferences; Scheduling; Management
Supreme Court of North Dakota. Amended July 1, 1981; amended December 1, 2011Resource Type: Rules - Court
Abstract: This rule applies to district courts in North Dakota and states that courts may direct attorneys of parties and parties without attorneys to participate in a conference prior to trial in order to discuss using alternative dispute resolution, among ot...
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...
Contacts
North Dakota Supreme Court - Alternative Dispute Resolution
Supreme Court of North Dakota.Resource Type: Program
Abstract: The North Dakota Supreme Court encourages the use of alternative dispute resolution (ADR) for civil cases. Mediation is the form of ADR most used in North Dakota and the court maintains a roster of neutrals. The website contains information about Nor...