Rule 310.03 - Family-Law Specific ADR Procedures(a)Early Neutral Evaluation. In family law cases, there are two types of Early Neutral Evaluation (ENE) processes, Financial Early Neutral Evaluation (FENE) and Social Early Neutral Evaluation (SENE). FENE involves financial issues. SENE involves custody and parenting time issues and is conducted by a team of no fewer than two Neutrals unless agreed otherwise by the parties.(b)Moderated Settlement Conference (MSC). A Moderated Settlement Conference (MSC) is a process in which an experienced Neutral offers evaluative impressions to parties to assist in the settlement process in the later stages of family court matters.(c)Parenting Time Expediting and Parenting Consulting.(1)Parenting Time Expediting. Parenting Time Expediting is a process in which a Neutral is appointed by the court pursuant to Minn. Stat. § 518.1751 to serve as a Parenting Time Expeditor (PTE). A PTE is limited to addressing parenting time disputes not addressed in court orders, interpreting court orders, and determining if violations of court orders occurred. The process is a hybrid of mediation/arbitration and begins with neutral facilitation of parenting time disputes. If parties are unable to agree, the PTE will make a decision, which is binding unless modified or vacated by the court.(2)Parenting Consulting. Parenting Consulting is a process defined by the agreement of the parties in which the Parenting Consultant (PC) incorporates neutral facilitation, coaching, and decision making. Terms of the process are defined by the agreement of the parties and incorporated into a court order.(3)Notice to Court of Parenting Time Adjustments. If adjustments are made to the parenting time previously ordered or agreed upon, the Neutral, or if the Neutral does not do so, counsel for the parties if either party is represented, or in the case both parties who are unrepresented, one of the self-represented parties as designated by the Neutral, shall file a report with the court, limited to stating the specific adjustments to the parenting time terms.(d)Availability of Child Custody Investigator. A Neutral serving in a confidential ADR process in a family law matter may not conduct a custody investigation/evaluation in the same matter unless (1) after full disclosure by the Neutral of the nature of the change in roles, the parties agree in writing executed after the termination of the ADR process, that the Neutral shall conduct the investigation/evaluation; (2) the court finds there is no other person reasonably available to conduct the investigation/evaluation and orders the custody investigation/evaluation; and (3) the Neutral informs the parties in writing that disclosures will not be kept confidential.Minn. Gen. R. Prac. 310.03
Adopted effective 1/1/2023.Advisory Committee Comments - 2022 Amendments
Rule 310 is amended to collect and update the provisions in these rules relating to court-annexed ADR for use in family law matters. These rules are consistent with the provisions of Rule 114, which contains more general provisions that apply in family law matters as well as other civil cases.
Rule 310.03(c) is a new rule that provides explicitly for parenting time expeditors and parenting consultants and defines their respective roles. Subdivision 3 of the rule requires that any change in parenting time or schedules must be filed by the Neutral with the court. This information is required by the court to modify child support requirements based on any change in parenting time as a result of the parenting time expediting process or the agreement of the parties working with a parenting consultant. This rule change, applicable to final resolution of parenting time adjustments, is intended to remove any confusion over the statute that protects the confidentiality of a Parenting Time Expeditor's notes and records. See Minn. Stat. § 518.1751, subd. 4a. The change in parenting time is expressly made the basis for changing child support obligations, and must therefore be made part of the court's record by filing. See Minn. Stat. §§ 518A.35, .36. The rule does not authorize filing other documents.