Definitions

The following terms shall have the meanings set forth in construing these rules. (a) Adjudicative Processes. (1) Arbitration. A process in which a Neutral or panel renders an award after consideration of the evidence and presentation by each party or counsel. The award may be binding or non-binding, pursuant to the agreement of the parties. (2) Consensual Special Magistrate. A process in which a Neutral decides issues after the parties have presented their positions in a similar manner as a civil lawsuit is presented to a judge. This process is binding and parties have the right of appeal to the Minnesota Court of Appeals. (3) Summary Jury Trial. A process in which a Neutral presides over the parties' abbreviated presentation of evidence and argument to a jury. The jury issues a verdict which may be binding or non-binding, according to the agreement of the parties. The number of jurors on the panel is six Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. GENERAL RULES OF PRACTICE 84 MINNESOTA COURT RULES unless the parties agree otherwise. The panel may issue a binding or non-binding decision regarding liability, damages, or both. (b) Evaluative Processes (1) Early Neutral Evaluation (ENE). A process in which one or more Neutrals with experience in the subject matter of the dispute reviews information from the parties or their attorneys after the case is filed but before formal discovery is conducted. The Neutral may give an assessment of the strengths and weaknesses of a claim, case, or defense; an opinion of settlement value; and an opinion as to how the parties should expect the court to rule on the case or issue presented. The parties, with or without the assistance of the Neutrals, negotiate after hearing the Neutrals' evaluation. If settlement does not result, the Neutrals may help narrow the dispute and suggest guidelines for managing discovery. (2) Non-Binding Advisory Opinion. A process in which the parties and their counsel present their position before one or more Neutral(s). The Neutral(s) then issue(s) a non-binding advisory opinion regarding liability, damages or both. (3) Neutral Fact Finding. A process in which the parties present evidence and argument to a Neutral who analyzes a factual dispute and issues findings. The findings are non-binding unless the parties agree to be bound by them. (c) Facilitative Processes (1) Mediation. A process in which a Neutral facilitates communication and negotiation to promote voluntary decision making by the parties to the dispute. (d) Hybrid Processes (1) Mini-Trial. A process in which each party and their counsel, if any, present their positions before a selected representative for each party, a neutral third party, or both, to develop a basis for settlement negotiations. The Neutral(s) may issue an advisory opinion regarding the merits of the case. The advisory opinion is not binding unless the parties agree that it is binding and enter into a written settlement agreement. (2) Mediation-Arbitration (Med-Arb). A process in which a Neutral first mediates the parties' dispute and then, in the event of an impasse, serves as arbitrator of the dispute. The decision may be binding or non-binding, pursuant to the agreement of the parties. (3) Arbitration-Mediation (Arb-Med). A process in which the Neutral first serves as an arbitrator of the parties' dispute. Prior to issuing the decision, the Neutral will mediate. In the event of impasse, the Neutral discloses the decision which may be binding or nonbinding, pursuant to the agreement of the parties. (4) Other. Parties may create other ADR processes by means of a written agreement that defines the role of the Neutral. (e) Neutral. A "Neutral" is an individual who provides an ADR process under this rule. (f) Qualified Neutral. A "Qualified Neutral" is an individual or Community Dispute Resolution Program (CDRP) listed on the State Court Administrator's roster as provided in Rule 114.12. (Added effective July 1, 1994; amended effective July 1, 1997; amended effective August 31, 1998; amended effective January 1, 2005; amended effective July 1, 2013; amended effective January 1, 2023.) Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 85 GENERAL RULES OF PRACTICE MINNESOTA COURT RULES Advisory Committee Comments - 2022 Amendments