HF 3308

3rd Engrossment - 89th Legislature (2015 - 2016) Posted on 06/02/2016 09:41am

A bill for an act
relating to civil law; requiring the court to provide information on alternative
dispute resolution to parties in family law cases; amending Minnesota Statutes
2014, section 518.168.

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

Section 1.

Minnesota Statutes 2014, section 518.168, is amended to read:

518.168 HEARINGS.

(a) Custody proceedings shall receive priority in being set for hearing.

(b) The court may tax as costs the payment of necessary travel and other expenses
incurred by a person whose presence at the hearing the court deems necessary to determine
the best interests of the child.

(c) The court without a jury shall determine questions of law and fact. If it finds that
a public hearing may be detrimental to the child's best interests, the court may exclude
the public from a custody hearing, but may admit any person who has a direct interest in
the particular case.

(d) If the court finds it necessary for the protection of the child's welfare that the
record of an interview, report, investigation, or testimony in a custody proceeding be kept
secret, the court may make an appropriate order sealing the record.

new text begin (e) At the first hearing or at an initial appearance before the court under this chapter,
the court shall provide an information sheet to the parties explaining:
new text end

new text begin (1) in cases where alternative dispute resolution is required under General Rules
of Practice, rule 310.01, that the parties have the choice of using alternative dispute
resolution methods including mediation, arbitration, and other processes to resolve the
divorce or custody matter;
new text end

new text begin (2) how mediation and other available forms of alternative dispute resolution for
family law cases work;
new text end

new text begin (3) that the parties may choose which method of alternative dispute resolution to
use; and
new text end

new text begin (4) that the court administrator is able to provide additional information about
resources for alternative dispute resolution.
new text end

new text begin Each party who is present at the first hearing or at an initial appearance must receive a
copy of the information sheet from the court.
new text end

new text begin (f) The state court administrator shall prepare an alternative dispute resolution
information sheet that the court must use to satisfy the requirements of paragraph (e).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2016, and applies to cases
filed on or after that date.
new text end