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
