Why Use ADR?
Rule 114.01(a) of the Minnesota General Rules of Practice requires that most civil and family case types filed in district court are subject to ADR processes. Solving your differences outside of court can provide greater satisfaction to the parties. ADR can have many advantages as well, such as:
- It can save you time.
- It can save you money.
- It can be less stressful.
- It is confidential and private.
- It gives you more control over the outcome of your case.
- It can produce more lasting agreements.
- It may preserve or improve relationships. This is especially important in conflict involving families in which it is critical to preserve the relationship and foster ongoing communication.
Where Can I Find Information About the ADR Processes Used in the Minnesota Court System?
What Is the Alternative Dispute Resolution (ADR) Roster of Rule 114 Qualified Neutrals?
The ADR Program maintains a roster of Qualified Neutrals who are licensed professionals consisting of attorneys, social workers, psychologists and other mental health professionals, along with other non-licensed subject matter experts who are willing to provide ADR services. All Neutrals on the roster are Qualified Neutrals and must comply with the Rule 114.13, Part A Code of Ethics for Court-Annexed ADR Neutrals.
How Do I Search the Roster of Qualified Neutrals?
The ADR Qualified Neutrals roster is broken down into two case types: Civil or Family.
To find a provider of family ADR services, select the
Family roster and follow these steps under the drop-down menu on the
Process filter:
- For an Arbitrator, select Arbitration
- For a Mediator, select Mediation
- For a Parenting Consultant, Select Parenting Consultant (PC)
- For a Parenting Time Expediter, select Parenting Time Expediter (PTE)
- For a Social Early Neutral Evaluator, select Social Early Neutral Evaluation (SENE)
- For a Financial Early Neutral Evaluator, select Financial Early Neutral Evaluation (FENE)
- For a Moderated Settlement Conference, select Moderated Settlement Conference (MSC)
To find a provider of civil ADR services, select the
Civil roster and follow these steps under the drop-down menu on the
Process filter:
- For a Mediator, select Mediation
- For an Arbitrator or an Evaluator (ENE), select Arbitration/Evaluation
Search the roster of Qualified Neutrals
Roster Disclaimer: Neutrals on this roster are considered "Qualified" under Rule 114 of the Minnesota General Rules of Practice for the District Courts. Qualified Neutrals are not certified or licensed in the field of ADR. Areas of experience are supplied by the individual Neutral, and have not been independently verified by the Minnesota Judicial Branch. In choosing an ADR provider, you should inquire about the qualifications and experience of the Neutral. Roster information is current up to the publication date displayed at the top of this document.
The Alternative Dispute Resolution (ADR) Ethics Board is appointed by the Minnesota Supreme Court to promote the ethical use of ADR in the court system. The Board is comprised of judges and ADR professionals.
The Board reviews complaints at their quarterly meetings and may issue sanctions against Neutrals in accordance with Rule 114.12, Part A Code of Ethics for Court-Annexed ADR Neutrals. Please see the Complaint Process section for more information.
In addition, the Board considers training waiver requests from Neutrals. Individuals who have not taken a certified ADR course may ask the Board for a training waiver and be placed on the ADR Rule 114 roster. The Board may either grant the request based on experience and/or education. If the Board does not approve the waiver request, they may suggest appropriate training for the individual to take for inclusion on the roster. Please see the FAQs section for more information about how to request a training waiver.
A Qualified Neutral may not provide services during a period of suspension of a professional license unless a waiver request is granted by the ADR Ethics Board.
Vacancies on the Board are posted on the Minnesota State Court website. Board members serve a three-year term and may be re-appointed for a second three-year term.
ADR Ethics Board Members (PDF)
ADR Ethics Board Public Reprimands (PDF) (The last public reprimands issued by the ADR Ethics Board was in 2023)
This page contains petitions for sponsors seeking training certification and approved training resources. To be eligible for placement on the Supreme Court Qualified Neutral Roster, individuals must take an ADR training certified through the State Court Administrator's Office. In order to remain on the roster, all Qualified Neutrals must attend and report continuing education (CE) every three years.
Individuals seeking a certified ADR training may refer to the list of approved trainings and the list of frequent sponsors of ADR content. These are not official lists, but only a source for informational purposes. The Minnesota Judicial Branch does not endorse, recommend, or make any guarantees of the quality of any particular trainer or training program due to their inclusion on this list. Contact them directly for information regarding the full extent of their respective training programs.
Attention: On July 13, 2022, the Minnesota Supreme Court promulgated amendments to Rule 114 of the General Rules of Practice and directed the ADR Ethics Board to establish a deadline for individuals to submit applications to be listed on the roster of Qualified Neutrals within a set time frame from the completion of the required training. Starting January 1, 2023, applicants must submit applications within one year of completing a certified training, as determined by the ADR Ethics Board. Individuals who completed trainings years ago that have not submitted an application for inclusion of the Rule 114 roster will no longer qualify after January 1, 2023.
TRAINERS: Make sure you are aware of this and inform individuals taking trainings of the new requirements.
Upcoming Approved ADR Trainings
ADR Training Resources
On December 20, 2022; the State Court Administrator issued the following order, effective January 1, 2023. Notwithstanding certified trainings that require in-person attendance, certified training requirements set forth in Rule 114.12, Subd. 4 may be satisfied through virtual means.
Alternative Dispute Resolution Program Continuing Education Administrative Order
If you have any questions about submitting a petition for ADR training certification, see the Contact Us tab on this site.
Sponsor Petitions for Course Certification
Alternative Dispute Resolution (ADR)
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.
Evaluative Processes
- Early Neutral Evaluation. (ENE). A process in which one or more Neutrals (evaluators), with experience in the subject matter of the dispute, reviews information from the parties or their attorneys after the case is filed but before formal discovery (the formal process of gathering information relevant to the pending litigation, which may include written interrogatories, document production and depositions) is conducted. The Neutral(s) may give an assessment of the strengths and weaknesses of a claim, case, or defense; an opinion of settlement value; and, an opinion as to how the parties should expect the court to rule on the case or issue(s) presented. The parties, with or without the assistance of the Neutral(s), negotiate after hearing the Neutrals’ evaluation. If the settlement does not result, the Neutral(s) may help narrow the dispute and suggest guidelines for managing discovery.
ENE may be used in civil and family law cases. In family law cases, there are two types of
ENE processes:
- Financial Early Neutral Evaluation (FENE) involves financial issues, such as child support.
- Social Early Neutral Evaluation (SENE) involves custody and parenting time issues and is conducted by no fewer than a team of two Neutrals.
To learn more about family early case management and early neutral evaluation, please
visit the ENE page on this website by following the link below.
Early Case Management (ECM)/Early Neutral Evaluation (ENE)
- Non-Binding Advisory Opinion. A process in which the parties and their counsel present their positions before one or more Neutral(s). The Neutral(s) then issue(s) a non-binding advisory opinion regarding liability, damages, or both.
- Neutral Fact-Finding. A process in which the parties present evidence and argument to a Neutral who analyzes a factual dispute and issues findings. These findings are non-binding unless the parties agree to be bound by them.
- Moderated Settlement Conference (MSC). A process in which an experienced Neutral offers evaluative impressions to parties to assist in the settlement process in the later stages of family court matters.
Facilitative Processes
- Mediation. A process in which a Neutral (mediator) facilitates communication and negotiation to promote voluntary decision making by the parties to the dispute. A mediator may not impose his or her own judgment on the issues. The parties decide upon how the dispute should be resolved.
Hybrid Processes
- Mini-Trial. A process in which each party and their counsel, if any, present their positions before a selected representative for each party (i.e., the president of a company), before a Neutral third party, or both, to develop a basis for settlement negotiations. A Neutral may issue an advisory opinion regarding the merits of the case. The advisory opinion is not binding unless the parties agree that it is binding and enter into a written settlement agreement.
- Mediation-Arbitration. (Med-Arb). A process in which a Neutral first mediates the parties’ dispute and then, in the event of an impasse, serves as arbitrator of the dispute. The decision may be binding or non-binding, pursuant to the agreement of the parties.
- Arbitration-Mediation (Arb-Med). A process in which the Neutral first serves as an arbitrator of the parties’ dispute. Prior to issuing the decision, the Neutral will mediate. In the event of an impasse, the Neutral discloses the decision which may be binding or non-binding, pursuant to the agreements of the parties.
- Parenting Time Expediting. A process in which a Neutral is appointed by the court pursuant to Minn. Stat. § 518.1751 to serve as a Parenting Time Expediter (PTE). The PTW is limited to addressing the following:
- Parenting time disputes not addressed in court orders
- Interpreting court orders
- Determining if violations of court orders occurred
- This process is a hybrid of mediation/arbitration and begins with Neutral facilitation (mediation) of parenting time disputes. If parties are unable to agree, the PTE will make a decision (arbitration), which is binding unless modified or vacated by the court.
- Parenting Consulting. A process in which the Neutral (Parenting Consultant (PC)) incorporates Neutral facilitation (mediation), coaching, and decision making. Terms of the process are defined by the agreement of the parties and incorporated into a court order.
- Other. Parties may by agreement create an ADR process by means of written agreement that define the role of the Neutral.
Information about ADR in the Minnesota State Court System »
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
- Notice of the court of parenting time adjustments required by Rule 310.03(c)(3)
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.
Rule 114 ADR Roster Qualification
In order to become a Qualified Neutral you must take an ADR training certified through State Court Administration. The training must meet the requirements enumerated in Rule 114.12. You must complete an Individual Application (individual applications can be found under the tab Applications on this page) after you have completed the required training, and submit your application within one year from when your training was completed, to become a Qualified Neutral to be listed on the Rule 114 Neutral Roster. The application fee is $70.00.
A list of certified basic education can be found under the tab
Course Petitions and Trainings. You can also contact any one of the sponsors listed on the ADR Training Frequent Sponsor List to ask about upcoming certified trainings in your area. To verify if a course has been reviewed and certified by the State Court Administrator's office, contact the ADR Program via the
contact form.
Effective January 1, 2023; applicants must submit applications within one year of completing a certified training.
No. A person must first submit and receive confirmation of approval of an Individual Application in order to be considered a Qualified Neutral in Minnesota.
A Neutral must be currently active on the MN State Court Administrator's Qualified Neutral roster to say or advertise that they are a "Qualified Neutral under Rule 114 of the Minnesota General Rules of Practice." See Rule 114.13, Part A Code of Ethics for Court-Annexed ADR Neutrals, Subd. 6: Advertising and Solicitation.
The ADR Ethics Board may waive, or partially waive, training requirements based on an applicant’s background and experience. Waivers may be granted only when, with the discretion of the Board, the waiver will not undermine the high standard of competence and ethical responsibility required of Rule 114 Qualified Neutrals.
An applicant for qualification who was certified, licensed or qualified as a mediator in another state or country and who desires to have all or part of the training requirements waived on the basis of previous training and experience, or an applicant who believes that they have sufficient training and experience, may request such a waiver by emailing the following documents to ADR@courts.state.mn.us:
- A completed and signed Individual Application Form without payment.
- A cover letter demonstrating equivalent number of hours of training as required to be qualified under Rule 114.12; and
- Evidence of relevant experience in the processes you are requesting to waived onto.
Once the documents have been received, the ADR Ethics Board will review the request at the next scheduled ADR Ethics Board meeting.
If approved, you will be asked to submit the $70 application fee. Waiver requests submitted without evidence of relevant training and experience will be denied.
You can add an additional roster by submitting another Individual Application form and only completing the sections pertaining to the roster(s) you are now applying for. The $70.00 administrative fee is required for each form submitted.
There are two compliance requirements that must be met in order to maintain your "active" status on the roster.
-
Qualified Neutrals must submit a $50.00 renewal fee and affidavit annually.
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Qualified Neutrals providing facilitative, evaluative, or hybrid processes must complete 18 hours of ADR related continuing education within a three-year reporting period. Qualified Neutrals providing an adjudicative process must complete 9 hours of ADR related continuing education within a three-year reporting period. Qualified Neutrals providing processes on the facilitative, evaluative, hybrid and/or adjudicative processes need only complete 18 total hours of continuing education every three years.
ADR Program Manager will email the Annual Renewal Invoice and Affidavit and an ADR Continuing Education Report Form approximately 90 days prior to the due date. If you need to obtain another copy of these documents, please send an e-mail via the contact form.
Continuing Education (CE) for Qualified Neutrals
ADR related CEs can be found throughout the state. The ADR Program maintains a document that lists frequent sponsors of ADR programming. You may reach out to any of the sponsors on the list to find out about available trainings.
ADR Training Provider List (the Minnesota Judicial Branch is not endorsing or recommending these providers due to their inclusion on this list).
Yes, CEs can be attended on demand. There is no limit to the number CEs you can attend on-demand.
On December 20, 2022; the State Court Administrator issued the following order, effective January 1, 2023. Notwithstanding certified trainings that require in-person attendance, certified training requirements set forth in Rule 114.12, Subd. 4 may be satisfied through virtual means.
Alternative Dispute Resolution Program Continuing Education Administrative Order
Only if you were already approved for and placed on the roster prior to the training, and you attended the certified training in order to be added to an additional roster or to refresh your ADR skills.
All CEs must be attended during the Neutral’s reporting period. Reporting periods begin on the day that your initial application is approved.
According to the guidelines for CE that are published on this site, you may attend a course as long as it is materially related to the subject matter of the Neutral’s ADR practice. If you are listed on the family mediation roster, then courses on business law will not be applicable towards ADR CE. However, a course about how to resolve conflicts involving families would be applicable.
No, you must maintain a list of the CEs you attend during your reporting period. A CE report form will be emailed to you on or around April 1st during the year that you are required to report your trainings. You will be able to report your trainings on the form that is emailed to you.
If you need another copy of your CE report, please submit a request via the contact form under the Contact Us tab on this page. CE report forms are not posted online since they are specific to each Neutral.
Complaints
All information related to complaints filed against a Neutral is confidential. If a Neutral has been publicly sanctioned by the ADR Ethics Board, information about that can be found on the Complaint Process section of this web page.
The ADR Ethics Board determines whether the allegation(s) of a complaint constitute a violation of Rule 114.13, Part A. Code of Ethics for Court Annexed ADR Neutrals. If the allegations constitute a violation, the Neutral is notified that there will be an investigation and has twenty-eight (28) days to respond. If the allegations do not constitute a violation, the Neutral is notified of the complaint and its dismissal.
The ADR Ethics Board only considers complaints against a Neutral appointed, or serving by agreement of the parties, in any court-annexed ADR proceedings pursuant to Rule 114.13, Part A of the Minnesota General Rules of Practice.
The most common types of complaints are filed against Neutrals on the Family Facilitative (mediation) Roster, Parenting Consultants (PCs), and Parenting Time Expediters (PTEs).
Around 40% of complaints received are dismissed without investigation.
Around 10% of complaints received are dismissed for lack of jurisdiction.
Of the complaints investigated, around 45% of the complaints are determined to be ethical violations and around 55% are dismissed.
No, the ADR Ethics Board is not able to get the money back that you paid to the Neutral nor change a decision made by a Neutral.
The Board may impose remedies and sanctions if doing so is supported by clear and convincing evidence pursuant to Rule 114.13, Part B Rules of the Minnesota ADR Ethics Board. The ADR Ethics Board may impose sanctions, including, but not limited to the following:
- Issue a private reprimand.
- Designate the corrective action necessary for the Neutral to remain on the roster.
- Notify the appointing court and any professional licensing authority with which the Neutral is affiliated of the complaint and its disposition.
- Issue a public reprimand on the ADR web page of the Minnesota Judicial Branch website, which shall include publishing the Neutral's name, a summary of the violation, and any sanctions imposed. The public reprimand may also be published elsewhere.
- Remove the Neutral from the roster of Qualified Neutrals, and set conditions for reinstatement if appropriate.
In situations where the conduct is unintentional and minimal, the Board may determine that an informal remedy, including discussions with the Neutral, which may include the complainant, is appropriate to resolve the complaint in lieu of a sanction.
The ADR Ethics Board
The twelve-member board includes representatives of:
- Judiciary (5)
- Non-Judiciary (7)
Current board members are listed on the
ADR Ethics Board tab.
Non-judicial representatives serving on the ADR Ethics Board must be active on the Rule 114 Roster of Qualified Neutrals maintained by the State Court Administrator.
The State Court Administrator solicits applications for Board members. The Minnesota Supreme Court appoints members to the ADR Ethics Board.
The ADR Ethics Board reviews the applications submitted and makes recommendations to the Minnesota Supreme Court, which appoints members. The Ethics Board considers applicants' professional experiences and commitment to the importance of ADR in the Minnesota court system. It also seeks to represent broad ADR backgrounds in its membership, including gender, racial, ethnic, and geographic diversity, with members from throughout Minnesota. The Board also recommends applicants who contribute special expertise or knowledge on some aspect of policy that the Board expects to face in the near future.
Neutrals who are providing court-annexed Alternative Dispute Resolution services to parties are bound by the Rule 114.13, Part A Code of Ethics for Court-Annexed ADR Neutrals. Court-annexed means a court proceeding has commenced and ADR services are being provided pursuant to a court order or agreement by the parties. The Code of Ethics for Court-Annexed ADR Neutrals is designed to protect consumers, guide Neutrals who provide ADR services, and ensure the integrity of ADR in Minnesota. If a Neutral violates any of the provisions of the Code of Ethics for Court-Annexed ADR Neutrals, parties may submit a complaint with the ADR Ethics Board. A complainant must complete the complaint form and attach any important documents related to the complaint, including a copy of the court order that appoints the Neutral in the case, if applicable.
The ADR Ethics Board will review the complaint at it's quarterly meeting. The Board shall review the complaint and determine whether the Board has a reasonable belief that the allegations, if true, would constitute a violation of the Code of Ethics for Court-Annexed ADR Neutrals. If the allegations, if true, would not constitute a violation of the Code of Ethics for Court-Annexed ADR Neutrals, the complaint is dismissed. If the complaint is not dismissed, the Board will investigate the complaint and act as it deems appropriate. The investigation begins by notifying the Neutral of the allegation(s). The Neutral has 28 days to respond to the allegation(s). The Board may issue a public or private sanction, or dismiss the complaint. Rule 114.13, Part B, Subd. 3 provides a list of possible remedies and sanctions.
The Board does not have the authority to reverse a Neutral's or court's decision on a case or get any money back that you paid to the Neutral.
Complaint information is private and confidential. However, public sanctions against Neutrals are listed on this site.
More information regarding complaints can be found in the FAQ tab on this site.