Alternative Dispute Resolution (ADR) processes are alternative methods to help people resolve legal problems before going to court. ADR involves an independent third person, called a "Neutral" who tries to help resolve or narrow the areas of conflict.  A great majority of the civil cases, including marital dissolutions (divorces), filed in Minnesota State courts are settled by using ADR. The parties must consider whether to use ADR to help resolve the dispute.

Some of the advantages to using ADR to resolve your dispute include:

• ADR can be speedier. A dispute often can be resolved in a matter of months, even weeks, through ADR; whereas, a lawsuit can take years.

• ADR is often less expensive.

• ADR allows more control of the outcome to a dispute.

• The process is confidential and private.

• ADR fosters cooperation between parties by allowing the parties to work together to resolve the dispute. This can produce more lasting agreements.

• ADR is often less stressful than going to trial.

Some of the disadvantages to using ADR to resolve your dispute include:

• ADR may not be suitable for every dispute.

• If the process is binding, the parties normally give up more court protections, including a decision by a judge or jury, and appellate review.

• ADR may not be effective if it takes place before the parties have sufficient information to resolve the dispute.

• The Neutral may charge a fee for services. If the dispute is not resolved through an ADR process, the parties may then face the usual costs of going to court.

• Parties should be mindful to not let a Statute of Limitation (sets the maximum time after an event during which legal proceedings may begin) run while a dispute is in an ADR process.

A "Neutral" is an individual who provides an ADR service. Neutrals who are on the State Court Administrator's Rule 114 Neutral Roster are "Qualified Neutrals" and have attended training certified by the State Court Administrator’s office. Neutrals are mostly licensed professionals with a wide variety of backgrounds, such as attorneys, social workers, psychologists, and other mental health professionals, along with other non-licensed subject matter experts. Neutrals will not represent you or provide legal advice, nor offer therapy when acting as a Neutral.

To find a Qualified Neutral, search the Rule 114 Roster of Qualified Neutrals. You may search the roster by choosing family or civil. You may filter your search by experience, ADR process, and by county. Once you have a list, you may contact any of the providers to find out about fees and experience.

When choosing a Neutral for your ADR process, you should review the Neutral's professional background and style of practice. Credentials that are often important in choosing a Neutral include the following:

• Professional background (law, accounting, counseling, etc.)

• Training in the ADR process for which you need assistance

• Experience in conducting ADR processes

• Knowledge in the area of the dispute (e.g., custody issues, real estate, employment)

Parties are responsible for paying the Neutral for their services. Typically, fees are based on an hourly rate established by the Neutral. ADR services provided by some organizations, and Neutrals, have established a sliding fee scale based on the parties’ incomes. It is assumed that the parties will split the cost of the ADR process equally, unless they agree otherwise. Parties should be sure to discuss fees and payments prior to entering into an ADR agreement.

The most common forms of ADR are mediation (facilitative process), arbitration (adjudicative process) and case evaluation (evaluative process). There are also other types of ADR besides those listed above that are used in Minnesota.The following is a list of descriptions of the different types of ADR processes used in Minnesota state courts:

Adjudicative Processes

• Arbitration. A process in which a Neutral (arbitrator) or panel renders an award after consideration of the evidence and presentation by each party or counsel. The award may be binding or non binding, pursuant to the agreement of the parties.

• Binding Arbitration is when the arbitrator’s award is final and there will not be an appeal of that decision.

• Non-Binding Arbitration is when a party may file a request for an appeal of the arbitrator’s award within a certain amount of time.

• Consensual Special Magistrate. A process in which a Neutral decides issues after the parties have presented their positions in a similar manner as a civil lawsuit is presented to a judge. This process is binding, and parties have the right of appeal to the Minnesota Court of Appeals.

• Summary Jury Trial. A process in which a Neutral presides over the parties’ abbreviated presentation of evidence and argument to a jury. The jury issues a verdict which may be binding or non-binding, according to the agreement of the parties. The number of jurors on the panel is six unless the parties agree otherwise. The panel may issue a binding or non-binding decision, regarding liability, damages, or both.

During the ADR process, as provided in the Minnesota Rule of Practice, Rule 114.10(c), Neutrals may inform the court of only the following:

• Without comment or recommendations, whether the case has undergone an ADR process and whether it has or has not been resolved

• Whether a party or an attorney has failed to comply with the court order to attend the process or pay the court-ordered fees

• Any requests by the parties for additional time to complete the ADR process

• With written consent of the parties, any procedural action by the court to facilitate the ADR process

• Neutral’s assessment that the case is inappropriate for that particular ADR process

• A Neutral may, with the consent of the parties or by court order, disclose to the court information obtained during the ADR process

Following the ADR process, as provided in the Minnesota General Rules of Practice, Rule 114.10(d), Neutrals may inform the court of the following:

• The case has been settled and may also include a copy of the written agreement

• Without further comment, that the case has not been settled, and with the written consent of parties or their counsel, that the resolution of, any pending motions or outstanding legal issues, discovery process, or any other action by any party, which if resolved or completed, would facilitate resolution of the dispute

• That some or all of the fees have not been paid

If agreement is reached between the parties, it should be put in writing and the terms should be communicated to the court. Any agreement reached in mediation is enforceable as a contract and may be entered by the court as an order dismissing the case, if consistent with law and public policy.