Rule 114.10 - Communication with Parties and Court in ADR Process(a)Adjudicative Processes. Neither the parties nor their representatives shall communicate ex parte with the Neutral unless approved in advance by all parties and the Neutral.(b)Evaluative, Facilitative, and Hybrid Processes. Parties and their counsel may communicate ex parte with the Neutral in evaluative, facilitative, and hybrid processes with the consent of the Neutral, so long as the communication encourages or facilitates settlement.(c) Communications to Court during ADR Process. During an ADR process the Neutral may inform the court of only the following: (1) Without comment or recommendations, whether the case has undergone an ADR process and whether it has or has not been resolved;(2) Whether a party or an attorney has failed to comply with the order to attend the process or pay the court-ordered fees ;(3) Any request by the parties for additional time to complete the ADR process;(4) With the written consent of the parties, any procedural action by the court that would facilitate the ADR process;(5) The Neutral's assessment that the case is inappropriate for that ADR process; and(6) A Neutral may, with the consent of the parties or by court order, disclose to the court information obtained during the ADR process.(d)Communications to Court after ADR Process. When the ADR process has been concluded, the Neutral may inform the court of only the following: (1) That the case has been settled and may also include a copy of the written agreement;(2) Without further comment, that the case has not been settled and, with the written consent of the parties or their counsel, that resolution of pending motions or outstanding legal issues, discovery process, or other action by any party which, if resolved or completed, would facilitate resolution of the dispute;(3) That some or all of the fees have not been paid; or(4) Notice of the court of parenting time adjustments required by Rule 310.03(c)(3).Minn. Gen. R. Prac. 114.10
Amended effective 1/1/2005; amended effective 1/1/2023; amended effective 1/1/2023.Implementation Committee Comments-1993
This Rule is modeled after Rule 25 VI of the Special Rules of Practice for the Second Judicial District.
Advisory Committee Comment-1996 Amendment
The changes to this rule in 1996 incorporate the collective labels for ADR processes now recognized in Rule 114.02. These changes should clarify the operation of the rule, but should not otherwise affect its interpretation.
Advisory Committee Comments - 2022 Amendments
Rule 114.10 contains important restrictions on communications about the ADR process. The rule addresses two similar potential concerns: ex parte communications between the parties and the Neutral and communications between the Neutral and the court. Neither type of communication is forbidden in all circumstances, as the parties may consent to additional communications.