2007 Minnesota Statutes

CHAPTER 572. ARBITRATION AND AWARD

572.01-572.07 [Repealed, 1957 c 633 s 24]

UNIFORM ARBITRATION ACT

572.08 VALIDITY OF ARBITRATION AGREEMENTS, APPLICATION TO SPECIFIC
AGREEMENTS.
A written agreement to submit any existing controversy to arbitration or a provision in a
written contract to submit to arbitration any controversy thereafter arising between the parties
is valid, enforceable, and irrevocable, save upon such grounds as exist at law or in equity for
the revocation of any contract. The provisions of sections 572.08 to 572.30 shall apply to
controversies arising out of any contract for the construction or repair of state trunk highways
when such contract specifically provides for arbitration or when the parties agree to submit an
existing controversy to arbitration. Sections 572.08 to 572.30 also apply to arbitration agreements
between employers and employees or between their respective representatives unless otherwise
provided in the agreement.
History: 1957 c 633 s 1; 1963 c 656 s 1

572.09 PROCEDURE TO COMPEL OR STAY ARBITRATION.
(a) On application of a party showing an agreement described in section 572.08, and the
opposing party's refusal to arbitrate, the court shall order the parties to proceed with arbitration,
but if the opposing party denies the existence of the agreement to arbitrate, the court shall proceed
summarily to the determination of the issue so raised and shall order arbitration if found for the
moving party, otherwise, the application shall be denied.
(b) On application, the court may stay an arbitration proceeding commenced or threatened on
a showing that there is no agreement to arbitrate. Such an issue, when in substantial and bona fide
dispute, shall be forthwith and summarily tried and the stay ordered if found for the moving party.
If found for the opposing party, the court shall order the parties to proceed to arbitration.
(c) If an issue referable to arbitration under the alleged agreement is in an action or
proceeding pending in a court having jurisdiction to hear applications under clause (a), the
application shall be made therein. Otherwise and subject to section 572.25, the application may be
made in any court of competent jurisdiction.
(d) Any action or proceeding involving an issue subject to arbitration shall be stayed if an
order for arbitration or an application therefor has been made under this section or, if the issue is
severable, the stay may be with respect thereto only. When the application is made in such action
or proceeding, the order for arbitration shall include such stay.
(e) An order for arbitration shall not be refused on the ground that the claim in issue lacks
merit or bona fides or because any fault or grounds for the claim sought to be arbitrated have
not been shown.
History: 1957 c 633 s 2

572.10 APPOINTMENT OF ARBITRATORS; DISCLOSURE REQUIRED.
    Subdivision 1. Appointment by the court. If the arbitration agreement provides a method
of appointment of arbitrators, this method shall be followed. In the absence thereof, or if the
agreed method fails or for any reason cannot be followed, or when an arbitrator appointed fails
or is unable to act and a successor has not been duly appointed, the court on application of a
party shall appoint one or more arbitrators. An arbitrator so appointed has all the powers of one
specifically named in the agreement.
    Subd. 2. Disclosure by a neutral arbitrator. (a) A "neutral arbitrator" is the only arbitrator
in a case or is one appointed by the court, by the other arbitrators, or by all parties together in
agreement. A neutral arbitrator does not include one selected by fewer than all parties even
though no other party objects.
(b) Except for arbitrations under the American Arbitration Association, prior to selection,
a neutral arbitrator shall disclose any relationships the person has with any of the parties, their
counsel, insurers, or representatives and any conflict of interest, or potential conflict of interest,
the person may have.
(c) In all arbitrations:
(1) after a neutral arbitrator has been selected, any relationship, conflict of interest, or
potential conflict of interest that arises must be immediately disclosed by the arbitrator in writing
to all parties, and a party may move the district court or the arbitration tribunal for removal of
the neutral arbitrator;
(2) the disclosure required under this section is in addition to that which may be required by
applicable rules of law, ethics, or procedure; and
(3) if the neutral arbitrator fails to disclose a conflict of interest or material relationship, it is
grounds for vacating an award for fraud as provided in section 572.19.
History: 1957 c 633 s 3; 1986 c 444; 1991 c 321 s 8

572.11 MAJORITY ACTION BY ARBITRATORS.
The powers of the arbitrators may be exercised by a majority unless otherwise provided by
the agreement or by sections 572.08 to 572.30.
History: 1957 c 633 s 4

572.12 HEARING.
Unless otherwise provided by the agreement:
(a) The arbitrators shall appoint a time and place for the hearing and cause notification to
the parties to be served personally or by certified mail not less than five days before the hearing.
Appearance at the hearing waives such notice. The arbitrators may adjourn the hearing from time
to time as necessary and, on a request of a party and for good cause, or upon their own motion
may postpone the hearing to a time not later than the date fixed by the agreement for making the
award unless the parties consent to a later date. The arbitrators may hear and determine the
controversy upon the evidence produced notwithstanding the failure of a party duly notified to
appear. The court on application may direct the arbitrators to proceed promptly with the hearing
and determination of the controversy.
(b) The parties are entitled to be heard, to present evidence material to the controversy and to
cross-examine witnesses appearing at the hearing.
(c) The hearing shall be conducted by all the arbitrators but a majority may determine any
question and render a final award. If, during the course of the hearing, an arbitrator for any reason
ceases to act, the remaining arbitrator or arbitrators appointed to act as neutrals may continue with
the hearing and determination of the controversy.
History: 1957 c 633 s 5; 1978 c 674 s 60

572.13 REPRESENTATION BY ATTORNEY.
A party has the right to be represented by an attorney at any proceeding or hearing under
sections 572.08 to 572.30. A waiver thereof prior to the proceeding or hearing is ineffective.
History: 1957 c 633 s 6

572.14 WITNESSES, SUBPOENAS, DEPOSITIONS.
(a) The arbitrators may issue subpoenas for the attendance of witnesses and for the
production of books, records, documents and other evidence, and shall have the power to
administer oaths. Subpoenas so issued shall be served, and upon application to the court by a party
or the arbitrators, enforced, in the manner provided by law for the service and enforcement of
subpoenas in a civil action.
(b) On application of a party and for use as evidence, the arbitrators may permit a deposition
to be taken, in the manner and upon the terms designated by the arbitrators, of a witness who
cannot be subpoenaed or is unable to attend the hearing.
(c) All provisions of law compelling a person under subpoena to testify are applicable.
(d) Fees for attendance as a witness shall be the same as for a witness in the district court.
History: 1957 c 633 s 7

572.15 AWARD.
(a) The award shall be in writing and signed by the arbitrators joining in the award. The award
must include interest, except this does not apply to arbitrations between employers and employees
under chapter 179 or 179A. An arbitrator is neither required to nor prohibited from awarding
interest under chapter 179 or under section 179A.16 for essential employees. The arbitrators shall
deliver a copy to each party personally or by certified mail, or as provided in the agreement.
(b) An award shall be made within the time fixed therefor by the agreement or, if not so fixed,
within such time as the court orders on application of a party. The parties may extend the time in
writing either before or after the expiration thereof. A party waives the objection that an award
was not made within the time required unless the party notifies the arbitrators of an objection
prior to the delivery of the award to the party.
History: 1957 c 633 s 8; 1978 c 674 s 60; 1986 c 444; 1991 c 321 s 9

572.16 CHANGE OF AWARD BY ARBITRATORS.
    Subdivision 1. Application of party. On application of a party, the arbitrator may modify
or correct the award:
(1) upon the grounds stated in section 572.20, subdivision 1;
(2) for the purpose of clarifying the award; or
(3) where the award is based on an error of law.
    Subd. 2. Submission by court. If an application to the court is pending under section 572.18,
572.19, or 572.20, on submission to the arbitrators by the court under such conditions as the court
may order, the arbitrators may modify or correct the award upon the grounds stated in section
572.20, subdivision 1, or for the purpose of clarifying the award.
    Subd. 3. Procedure. For purposes of subdivision 1 or 2, the application shall be made
within 20 days after delivery of the award to the applicant. Written notice thereof shall be given
forthwith to the opposing party, stating that the opposing party must serve objections thereto,
if any, within ten days from the notice. The award so modified or corrected is subject to the
provisions of sections 572.18, 572.19 and 572.20.
History: 1957 c 633 s 9; 1986 c 444; 1991 c 321 s 10

572.17 FEES AND EXPENSES OF ARBITRATION.
Unless otherwise provided in the agreement to arbitrate, the arbitrators' expenses and fees,
together with other expenses, not including counsel fees, incurred in the conduct of the arbitration,
shall be paid as provided in the award.
History: 1957 c 633 s 10

572.18 CONFIRMATION OF AN AWARD.
Upon application of a party, the court shall confirm an award, unless within the time limits
hereinafter imposed grounds are urged for vacating or modifying or correcting the award, in
which case the court shall proceed as provided in sections 572.19 and 572.20.
History: 1957 c 633 s 11

572.19 VACATING AN AWARD.
    Subdivision 1. Application. Upon application of a party, the court shall vacate an award
where:
(1) The award was procured by corruption, fraud or other undue means;
(2) There was evident partiality by an arbitrator appointed as a neutral or corruption in any of
the arbitrators or misconduct prejudicing the rights of any party;
(3) The arbitrators exceeded their powers;
(4) The arbitrators refused to postpone the hearing upon sufficient cause being shown therefor
or refused to hear evidence material to the controversy or otherwise so conducted the hearing,
contrary to the provisions of section 572.12, as to prejudice substantially the rights of a party; or
(5) There was no arbitration agreement and the issue was not adversely determined in
proceedings under section 572.09 and the party did not participate in the arbitration hearing
without raising the objection;
But the fact that the relief was such that it could not or would not be granted by a court of
law or equity is not ground for vacating or refusing to confirm the award.
    Subd. 2. Time limit for application. An application under this section shall be made within
90 days after delivery of a copy of the award to the applicant, except that, if predicated upon
corruption, fraud or other undue means, it shall be made within 90 days after such grounds are
known or should have been known.
    Subd. 3. Rehearings. In vacating the award on grounds other than stated in clause (5) of
subdivision 1, the court may order a rehearing before new arbitrators chosen as provided in the
agreement, or in the absence thereof, by the court in accordance with section 572.10, or, if the
award is vacated on grounds set forth in clauses (3) and (4) of subdivision 1, the court may order a
rehearing before the arbitrators who made the award or their successors appointed in accordance
with section 572.10. The time within which the agreement requires the award to be made is
applicable to the rehearing and commences from the date of the order.
    Subd. 4. Confirm award. If the application to vacate is denied and no motion to modify or
correct the award is pending, the court shall confirm the award.
History: 1957 c 633 s 12

572.20 MODIFICATION OR CORRECTION OF AWARD.
    Subdivision 1. Modification of award. Upon application made within 90 days after delivery
of a copy of the award to the applicant, the court shall modify or correct the award where:
(1) There was an evident miscalculation of figures or an evident mistake in the description of
any person, thing or property referred to in the award;
(2) The arbitrators have awarded upon a matter not submitted to them and the award may be
corrected without affecting the merits of the decision upon the issues submitted; or
(3) The award is imperfect in a matter of form, not affecting the merits of the controversy.
    Subd. 2. Court disposition. If the application is granted, the court shall modify and correct
the award so as to effect its intent and shall confirm the award as so modified and corrected.
Otherwise, the court shall confirm the award as made.
    Subd. 3. Joinder in alternative. An application to modify or correct an award may be joined
in the alternative with an application to vacate the award.
History: 1957 c 633 s 13

572.21 JUDGMENT OR DECREE ON AWARD.
Upon the granting of an order confirming, modifying or correcting an award, judgment or
decree shall be entered in conformity therewith and be enforced as any other judgment or decree.
Costs of the application and of the proceedings subsequent thereto, and disbursements may be
awarded by the court.
History: 1957 c 633 s 14

572.22 JUDGMENT ROLL, DOCKETING.
    Subdivision 1. Judgment roll. On entry of judgment or decree, the court administrator shall
prepare the judgment roll consisting, to the extent filed, of the following:
(1) the agreement and each written extension of the time within which to make the award;
(2) the award;
(3) a copy of the order confirming, modifying or correcting the award; and
(4) the judgment or decree.
    Subd. 2. Docketed; action. The judgment or decree may be docketed as if rendered in
an action.
History: 1957 c 633 s 15; 1981 c 121 s 6; 1Sp1986 c 3 art 1 s 82

572.23 APPLICATIONS TO COURT.
Except as otherwise provided, an application to the court under this chapter shall be by
motion and shall be heard in the manner and upon the notice provided by law or rule of court
for the making and hearing of motions. Unless the parties have agreed otherwise, notice of an
initial application for an order shall be served in the manner provided by law for the service
of a summons in an action.
History: 1957 c 633 s 16

572.24 COURT, JURISDICTION.
The term "court" means any court of competent jurisdiction of this state. The making of an
agreement described in section 572.08 providing for arbitration in this state confers jurisdiction
on the court to enforce the agreement under sections 572.08 to 572.30 and to enter judgment on
an award thereunder.
History: 1957 c 633 s 17

572.25 VENUE.
An initial application shall be made to the court of the county in which the agreement
provides the arbitration hearing shall be held or, if the hearing has been held, in the county in
which it was held. Otherwise the application shall be made in the county where the adverse
party resides or has a place of business if there is one or the other in this state; if not, then to the
court of any county. All subsequent applications shall be made to the court hearing the initial
application unless the court otherwise directs.
History: 1957 c 633 s 18; 1986 c 444

572.26 APPEALS.
    Subdivision 1. Authorization of appeal. An appeal may be taken from:
(1) an order denying an application to compel arbitration made under section 572.09;
(2) an order granting an application to stay arbitration made under section 572.09(b);
(3) an order confirming or denying confirmation of an award;
(4) an order modifying or correcting an award;
(5) an order vacating an award without directing a rehearing; or
(6) a judgment or decree entered pursuant to the provisions of this chapter.
    Subd. 2. Manner. The appeal shall be taken in the manner and to the same extent as from
orders or judgments in a civil action.
History: 1957 c 633 s 19

572.27 ACT NOT RETROACTIVE.
This chapter applies only to agreements made subsequent to the taking effect of this chapter.
History: 1957 c 633 s 20

572.28 UNIFORMITY OF INTERPRETATION.
This chapter shall be so construed as to effectuate its general purpose to make uniform the
law of those states which enact it.
History: 1957 c 633 s 21

572.29 SEVERABILITY.
If any provision of sections 572.08 to 572.30 or the application thereof to any person or
circumstances is held invalid, the invalidity shall not affect other provisions or applications of
the chapter which can be given without the invalid provision or application, and to this end
the provisions of this chapter are severable.
History: 1957 c 633 s 22

572.30 CITATION, UNIFORM ARBITRATION ACT.
    Subdivision 1. Citation. Sections 572.08 to 572.30 may be cited as the Uniform Arbitration
Act.
    Subd. 2. Nonapplication. Section 358.06 does not apply to an arbitration proceeding coming
within the provisions of this chapter.
    Subd. 3. Superseding court rule. Rule 26.07, Rules of Civil Procedure for district courts, is
superseded by the provisions of this chapter, insofar as inconsistent therewith.
History: 1957 c 633 s 23,24

MINNESOTA CIVIL MEDIATION ACT

572.31 MINNESOTA CIVIL MEDIATION ACT, CITATION.
Sections 572.31 to 572.40 may be cited as the "Minnesota Civil Mediation Act."
History: 1984 c 646 s 1

572.33 DEFINITIONS.
    Subdivision 1. Scope. When used in sections 572.31 to 572.40 the terms defined in this
section have the meanings given them.
    Subd. 2. Mediator. "Mediator" means a third party with no formal coercive power whose
function is to promote and facilitate a voluntary settlement of a controversy identified in an
agreement to mediate.
    Subd. 3. Agreement to mediate. "Agreement to mediate" means a written agreement which
identifies a controversy between the parties to the agreement, states that the parties will seek to
resolve the controversy through mediation, provides for termination of mediation upon written
notice from either party or the mediator delivered by certified mail or personally to the other
people who signed the agreement, is signed by the parties and mediator and is dated.
    Subd. 4. Mediated settlement agreement. "Mediated settlement agreement" means a
written agreement setting out the terms of a partial or complete settlement of a controversy
identified in an agreement to mediate, signed by the parties, and dated.
    Subd. 5. Nonprofit regional alternative dispute resolution corporation. "Nonprofit
regional alternative dispute resolution corporation" has the meaning given in section 480.24,
subdivision 5 .
History: 1984 c 646 s 2; 1986 c 398 art 17 s 3,4

572.35 EFFECT OF MEDIATED SETTLEMENT AGREEMENT.
    Subdivision 1. General. The effect of a mediated settlement agreement shall be determined
under principles of law applicable to contract. A mediated settlement agreement is not binding
unless:
(1) it contains a provision stating that it is binding and a provision stating substantially that
the parties were advised in writing that (a) the mediator has no duty to protect their interests
or provide them with information about their legal rights; (b) signing a mediated settlement
agreement may adversely affect their legal rights; and (c) they should consult an attorney before
signing a mediated settlement agreement if they are uncertain of their rights; or
(2) the parties were otherwise advised of the conditions in clause (1).
    Subd. 2. Debtor and creditor mediation. In addition to the requirements of subdivision 1, a
mediated settlement agreement between a debtor and creditor is not binding until 72 hours after it
is signed by the debtor and creditor, during which time either party may withdraw consent to the
binding character of the agreement.
History: 1984 c 646 s 3; 1986 c 398 art 17 s 5; 1999 c 190 s 1

572.36 SETTING ASIDE OR REFORMING A MEDIATED SETTLEMENT
AGREEMENT.
In any action, a court of competent jurisdiction shall set aside or reform a mediated
settlement agreement if appropriate under the principles of law applicable to contracts, or if there
was evident partiality, corruption, or misconduct by a mediator prejudicing the rights of a party.
That the relief could not or would not be granted by a court of law or equity is not ground for
setting aside or reforming the mediated settlement agreement unless it violates public policy.
History: 1984 c 646 s 4

572.37 PRESENTATION OF MEDIATOR TO PUBLIC.
No individual may act as a mediator pursuant to the Minnesota Civil Mediation Act for
compensation without providing the individuals to the conflict with a written statement of
qualifications prior to beginning mediation. The statement shall describe educational background
and relevant training and experience in the field.
Nothing in this section shall limit the pursuits of professionals consistent with their training
and code of ethics; nor shall this section apply to service provided through a governmental agency.
The requirement of this section may be satisfied by a nonprofit corporation on behalf of its service
providers by providing a statement of the education, training, and experience requirements for
eligibility on its mediation panel.
A person who violates this section is guilty of a petty misdemeanor.
History: 1984 c 646 s 5; 1986 c 444

572.39 STATUTES OF LIMITATION.
The running of the limitation of time within which an action may be brought is suspended
from the date of the agreement to mediate until 20 days after notice of termination of mediation is
delivered by certified mail or personally delivered as provided in the agreement to mediate.
History: 1984 c 646 s 6

572.40 SCOPE.
Sections 572.31 to 572.36 do not apply to proceedings relating to the determination of
criminal liability or proceedings brought under chapters 518, 518A, 518B, and 518C, or
proceedings relating to guardianship, conservatorship, or civil commitment.
History: 1984 c 646 s 7

DEBTOR AND CREDITOR MEDIATION

572.41 DEBTOR AND CREDITOR MEDIATION.
    Subdivision 1. General. The debtor and creditor in any transaction may request the other
party to the transaction to enter mediation concerning possible adjustment, refinancing, or
payment under this section and sections 572.31 to 572.40.
    Subd. 2. Mediators. An individual who meets the qualifications established under
subdivision 5 and who is willing to mediate in matters involving debtors and creditors may register
with a nonprofit regional alternative dispute resolution corporation or, in a county where one does
not exist, with the court administrator. The court administrator shall develop a list of mediators
available in the county. It is desirable but not necessary that mediators under this section have
knowledge of debtor and creditor law and relevant areas of finance. A mediator must not mediate a
matter involving a debtor or creditor with whom the mediator has or has had a credit relationship.
    Subd. 3. Request for mediator. A debtor and creditor who agree to mediate may submit a
written request for referral to a mediator to the court administrator in the county where either
party resides or has a place of business. The court administrator shall assign a mediator from the
list developed under subdivision 2. The court administrator may charge a fee for the referral not to
exceed the conciliation court fee in that county.
    Subd. 4. Compensation. Prior to commencing mediation the debtor and creditor shall
agree with each other and the mediator on the amount and allocation between them of any fee
for the mediator's services.
    Subd. 5. Rules. The state court administrator, in consultation with the Bureau of Mediation
Services, shall adopt rules to implement this section and may use portions of existing rules on
certification of alternative dispute resolution programs that satisfy the purposes of this section.
The rules must include qualifications of mediators under this section and grounds for challenging
and removing mediators.
History: 1986 c 398 art 17 s 6