A Rule 114 Qualified Neutral for your Minnesota divorce$1,695 per person. Flat.

Rule 114 of the Minnesota General Rules of Practice is the court rule for alternative dispute resolution (ADR) in civil and family cases filed in Minnesota district court. It lists the ADR processes the courts recognize, explains how the two sides choose a process and a neutral, sets confidentiality rules, and creates the state roster of Qualified Neutrals. Rule 310 adds the parts that apply only to family cases.

Usually you have to try some form of ADR, though not always mediation. Under Rule 310.01, most family law matters in district court are subject to ADR. After the petition is served, Rule 114.04 has the parties confer about which process to use and who the neutral will be. If you agree on a process, the court should order it. If you can't agree, the court orders a non-binding process. There are exceptions (see the next question), and how this plays out depends on your county and your case.

No. Under Rule 310.01(b), the court will not require you to take part in a facilitative process like mediation if one of you says you're a victim of domestic abuse by the other, or if the court finds probable cause of physical abuse or threats against a party or a child. Cases under the Domestic Abuse Act are excluded from the ADR requirement altogether. If both of you have been advised by counsel and agree to an ADR process that doesn't require meeting face to face, the court may allow it. If you are in danger right now, call 911.

A Qualified Neutral is a person (or community dispute resolution program) listed on the State Court Administrator's Rule 114 roster. To be listed, they finish the training the rule requires; for family mediation that's at least 40 hours, including at least 6 hours on domestic abuse. Then they keep up continuing education, follow the Code of Ethics for Court-Annexed ADR Neutrals, and answer to the ADR Ethics Board. The courts' own disclaimer says Qualified Neutrals are not certified or licensed in ADR, so ask any neutral about their experience.

Not necessarily. Rule 114.04(b) says anyone providing ADR services under Rule 114 must either be a Qualified Neutral or be selected and agreed to by the parties. If the two of you can't agree on a neutral, the court picks a Qualified Neutral for you. Your attorney or the court can tell you what your case needs.

Yes. Kate McLaughlin is a Qualified Neutral under Rule 114 of the Minnesota General Rules of Practice. The roster is public, so you can look her up yourself at adrroster.courts.state.mn.us.

In mediation, the neutral helps the two of you talk and negotiate, and every decision stays yours. In Early Neutral Evaluation, experienced neutrals listen to both sides and then tell you how they think your positions would hold up, including how a court might rule. Minnesota family courts use two kinds: Social ENE for custody and parenting time (usually a two-person team) and Financial ENE for money, property, and debts. Flannel People offers mediation.

In court-connected ADR, mostly yes. Rule 114 keeps ADR sessions private and says statements and documents from non-binding processes (if not otherwise discoverable) generally can't be used as evidence later. It also makes the neutral's notes confidential unless everyone agrees or the law requires disclosure. Kate goes over the specifics and the exceptions with both of you before you start.

Not by itself. Under the Rule 114 Code of Ethics, an agreement reached in mediation isn't binding unless it's written down, says it's binding, and is signed by both of you (and your attorneys, if you have them), or is put on the record and acknowledged under oath. In a family case, the court also has to approve it. Talk to an attorney before you sign if you're unsure of your rights.

No. A mediator is neutral, so she can't advise either of you, and the Rule 114 Code of Ethics bars facilitative neutrals from giving legal advice during the process. Flannel People Mediation provides mediation only. Many couples have a review attorney look over the agreement before they sign.

$1,695 per person, flat. Most sessions are on Zoom, so you can join from anywhere in Minnesota; office meetings are available by appointment at our St. Paul office (Mon–Fri, 9–5). It starts with a free 15-minute call.