HF 1691

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:53am

A bill for an act
relating to courts; providing for conciliation court alternative dispute resolution
programs.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. new text begin CONCILIATION COURT ALTERNATIVE DISPUTE RESOLUTION
PROGRAMS.
new text end

new text begin Subdivision 1. new text end

new text begin Programs. new text end

new text begin (a) From July 1, 2009, through June 30, 2013, the Rice
County District Court may expand its current Rice County dispute resolution program
that provides alternative dispute resolution services for conciliation court claims through
the southern Minnesota alternative dispute resolution program. If Rice County District
Court expands its program, hearings under the jurisdiction of its conciliation court shall
be suspended for the duration of the program. All claims under the jurisdiction of its
conciliation court according to Minnesota Statutes, section 491A.01, shall be diverted
to the program.
new text end

new text begin (b) From September 1, 2009, through June 30, 2013, the Olmsted County District
Court may provide alternative dispute resolution services for conciliation court claims
through a mediation and conflict solutions program developed in consultation with the
southern Minnesota alternative dispute resolution program. If Olmsted County District
Court develops a program, hearings under the jurisdiction of its conciliation court shall
be suspended for the duration of the program. All claims under the jurisdiction of its
conciliation court according to Minnesota Statutes, section 491A.01, shall be diverted
to the program.
new text end

new text begin Subd. 2. new text end

new text begin Policies. new text end

new text begin Administrators of a program initiated under subdivision 1, in
consultation with the appropriate district court administrators, shall develop policies and
forms to implement that district's program including, at least:
new text end

new text begin (1) the forms and procedures necessary for an individual to bring a case to the
program;
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new text begin (2) informational materials regarding the procedures;
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new text begin (3) the right to appeal de novo to district court;
new text end

new text begin (4) a fee of up to $75 to file a claim or counterclaim in an action and a fee waiver for
a party according to the county conciliation court guidelines;
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new text begin (5) minimum training of 30 hours as a qualified neutral and six hours in conciliation
expediting as certified by the Minnesota Supreme Court for conciliation and default
expeditors;
new text end

new text begin (6) a Minnesota senior judge to review and comment on how cases are handled
in the program; and
new text end

new text begin (7) retention of records in compliance with guidelines established by the Minnesota
Supreme Court.
new text end

new text begin Subd. 3. new text end

new text begin Immunity. new text end

new text begin Conciliation expeditors, default expeditors, and mediators
shall be immune from civil liability for action taken or not taken when acting under this
program.
new text end

new text begin Subd. 4. new text end

new text begin No state funding. new text end

new text begin The state may not appropriate money for this program.
new text end

new text begin Subd. 5. new text end

new text begin Report. new text end

new text begin By September 15, 2013, the programs and district court
administrators in Rice and Olmsted Counties shall submit a report to the state court
administrator and the house of representatives and senate committees having jurisdiction
over the judiciary describing and analyzing the results of the program, including at least
party satisfaction, number of cases, number of cases expedited, number of cases filed,
results of cases filed, and number of cases mediated.
new text end

new text begin Subd. 6. new text end

new text begin Expiration. new text end

new text begin This section expires upon submission of the report to the
legislature.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end