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 Minnesota Statutes, section 604.11 (medical malpractice); (2) As provided in Family Court Rules 303 and 310; (3) Cases enumerated in Rule 111.01; Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 83 GENERAL RULES OF PRACTICE MINNESOTA COURT RULES (4) Cases excluded under Minnesota Statutes, section 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 Minnesota Statutes, section 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. (Added effective July 1, 1994; amended effective July 1, 1997; amended effective January 1, 2023.) Advisory Committee Comments - 2022 Amendments