Alternative Dispute Resolution – METHODS
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.
Early Neutral Evaluation
The Early Neutral Evaluation (ENE) is a process where a Neutral Evaluator meets with the parties and their attorneys early in the case. ENE occurs after the case is filed but before discovery is conducted. The parties provide the Evaluator with any information they, or the Evaluator believe necessary to resolve the issues in their case. The Evaluator may ask questions of the parties, engage them in discussions, and seek data from third parties if necessary. The Evaluator then provides recommendations for resolution of the issues. If settlement does not result, the Evaluator helps narrow the issues and suggests guidelines for managing discovery.
Mediation
Mediation is a process in which a Neutral Mediator facilitates communication between parties to promote settlement. With the help of the Mediator, the parties identify the issues they want to resolve, and discuss options for resolving those issues. Attorneys may participate in the mediation if the parties desire. There are two types of Mediation, Facilitative and Evaluative. Although both types are quite similar, the primary difference between the two is that in Facilitative mediation, the Mediator does not participate in the outcome. In Evaluative mediation, the Mediator evaluates the facts and issues, and may make informal recommendations.
Arbitration
Arbitration is a process in which each party in a dispute and their attorney present their position before a neutral third party, who then makes a decision. If the parties agree in advance, the award is binding and is enforceable in the same manner as any contractual obligation. If the parties do not stipulate that the award is binding, the award is advisory and either party may request a trial.
Hybrid Process
Mediation-Arbitration (Med-Arb) is a hybrid of mediation and arbitration in which the parties initially mediate their disputes; but if they reach an impasse, they arbitrate the deadlocked issues.
Parenting Consultant
A voluntary process in which the parties choose a Neutral to help them resolve parenting issues. The Neutral first mediates the dispute, and then makes a decision if the parties are unable to do so. The Neutral's decision is binding, but either party can appeal the decision to the Court.
Parenting Time Expeditor
A process in which the Court appoints a Neutral to resolve disputes related solely to parenting time. The Neutra's authority is limited to interpretation of an existing Order, and the decision is binding, although either party may appeal the decision to the Court.
Consensual Special Magistrate
A process in which a dispute is presented to a Neutral in the same manner as a civil lawsuit is presented to a judge. The CSM is an experienced family law attorney, with trial experience in complex financial and custody cases. This process is binding and includes the right of appeal to the Minnesota Court of Appeals.
Based upon the parties' agreement and choice of a Neutral, the Court appoints a Consensual Special Magistrate (CSM). The CSM then assumes responsibility and control of case. The CSM conducts hearings and trials, uses a Court Reporter to prepare a record, receives evidence, and makes a final decision. CSMs typically conduct the hearing or trial in their private offices.
