Alternative Dispute Resolution – ROLES
Alternative Dispute Resolution (ADR) methods are used to resolve disputes outside of the courtroom, using a trained Neutral. These are voluntary processes chosen by the parties.
What is a Neutral?
An individual trained to facilitate and/or arbitrate the resolution of disputed issues. A Neutral is not an advocate, does not give legal advice, and does not take sides.
Qualified Rule 114 Neutral
An individual who has satisfied the training requirements, set forth in the Minnesota Rules of Civil Procedure 114, for each ADR method.
What Does a Neutral Do?
Gathers information which may include assets and liabilities, income and expenses, and specific facts regarding the best interests of the children.
Creates financial spreadsheets, cash flow analysis, and Child Support calculations.
Prepares summaries of each session.
Prepares a Mediation Agreement or Arbitration Decision.
Experts Used in ADR
The Neutral and/or the parties can request the use of Experts to provide evaluations and expertise. Experts can be used for vocational evaluations, business valuations, real estate appraisals, and expertise in child development and needs.
Confidentiality of ADR
ADR methods are confidential processes. Statements made and documents produced in non-binding ADR processes which are not otherwise discoverable are not subject to discovery or other disclosure and are not admissible into evidence for any purpose at trial.
