Rule 114.01 - Applicability(a) Applicability to Actions. This rule governs court-annexed Alternative Dispute Resolution (ADR). All civil and family cases are subject to this rule except: (1) As provided in Minn. Stat. § 604.11 (medical malpractice);(2) As provided in Family Court Rules 303 and 310;(3) Cases enumerated in Rule 111.01;(4) Cases excluded under Minn. Stat. § 484.76;(5) In rare circumstances where the court in its discretion finds ADR to be inappropriate or to operate as a sanction;(6) Where parties have proceeded in good faith to resolve the matter using collaborative law, the court may excuse the parties from using further ADR processes; and(7) Proceedings conducted by a special master appointed under Rule 53 of the Rules of Civil Procedure.(b) Applicability of Ethics Rules to All Neutrals. All Neutrals serving in court-annexed ADR processes under this rule are subject to the authority of the ADR Ethics Board and the Code of Ethics for Court-Annexed ADR Neutrals, without regard to whether they are Qualified Neutrals as defined in Rule 114.02.(c) Inability to Pay. If a party qualifies for waiver of filing fees under Minn. Stat. § 563.01 or if the court determines on other grounds that the party is unable to pay for ADR services, and free or low-cost ADR services are not available, the court shall not require that party to participate in ADR.Minn. Gen. R. Prac. 114.01
Amended effective 7/1/1997; amended effective 1/1/2023; amended effective 1/1/2023.Advisory Committee Comment-1996 Amendment
This change incorporates the limitations on use of ADR in family law matters contained in Minn. Gen. R. Prac. 310.01 as amended by these amendments. The committee believes it is desirable to have the limitations on use of ADR included within the series of rules dealing with family law, and it is necessary that it be included here as well.
Advisory Committee Comments - 2022 Amendments
Rule 114 is amended broadly to collect the provisions that govern court proceedings involving court-annexed ADR. Provisions of the rules that relate solely to family law matters are now contained in Rule 310.
Rule 114 governs ADR as a tool in managing pending litigation. The procedures employed may mirror those available to resolve disputes wholly outside the court-based litigation process, but Rule 114 does not govern ADR in those non-court contexts.
Rule 114.01(b) is new and is designed to provide notice to Neutrals that they are subject to the authority of the ADR Ethics Board and the Code of Ethics for Court-Annexed ADR Neutrals.
Rule 114.01(c) retains and relocates the provisions of former rule 114.11(d). Where free or low-cost ADR services are available, inability to pay should not be a barrier to using ADR.