Rule 310.01 - Applicability(a) When ADR Required. All family law matters in district court are subject to Alternative Dispute Resolution (ADR) processes as established in this rule and Rule 114, except for:1. actions enumerated in Minnesota Statutes, § 518B.01 (Domestic Abuse Act),3. maintenance, support, and parentage actions when the public agency responsible for child support enforcement is a party or is providing services to a party with respect to the action , and4. proceedings conducted by a special master appointed under Rule 53 of the Rules of Civil Procedure.(b) ADR When There Is Domestic Abuse. The court shall not require parties to participate in any facilitative process where one of the parties claims to be the victim of domestic abuse by the other party or where the court determines there is probable cause that one of the parties or a child of the parties has been physically abused or threatened with physical abuse by the other party. In circumstances where the court is satisfied that the parties have been advised by counsel and have agreed to an ADR process established in Rule 114 that will not require face-to-face meeting of the parties, the court may direct that the ADR process be used.(c)Exceptions for Previous ADR Efforts. The court shall not require parties to attempt ADR if they have previously engaged in an ADR process under Rule 114 and reached an impasse with respect to the current, pending issue(s) . Minn. Gen. R. Prac. 310.01
Amended effective 5/1/2012; amended effective 1/1/2023.Advisory Committee Comment-1996 Amendment
This rule is changed from a limited rule dealing only with mediation to the main family law rule governing use of ADR. All of the provisions of the existing rule are deleted because their subject matter is now governed by either the amended rule or Minn. Gen. R. Pract. 114. The committee believes that there are significant and compelling reasons to have all court-annexed ADR governed by a single rule. This will streamline the process and make it more cost-effective for litigants, and will also make the process easier to understand for ADR providers and neutrals, many of whom are not lawyers.
The rule is not intended to discourage settlement efforts in any action. In cases where any party has been, or claims to have been, a victim of domestic violence, however, courts need to be especially cautious. Facilitative processes, particularly mediation, are especially prone to abuse since they place the parties in direct contact and may encourage them to compromise their rights in situations where their independent decision-making capacity is limited. The rule accordingly prohibits their use where those concerns are present.
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