The
State of the States in Environmental Dispute Resolution:
MINNESOTA
| Current Projects: | United States Postal Service | Employment Arbitration | Indiana Dept of Env. Management | Indiana ADR Providers | Shared Neutrals Pilot | U.S. Dept. of Justice |
| Completed Projects: | U.S. Env. Protection Agency | EDR State of States | National Institutes of Health | Focus Groups Sessions |
Status:
Minnesota has a centralized program to which agencies may refer cases when desiring EDR
services. Services are available to public agencies at all levels of government. The
Department of Natural Resources, the Pollution Control Agency, and the Environmental
Quality Board have all made use of the program. Minnesota also has a program in which
civil and family disputes are referred by the state court to independent ADR providers,
but which has apparently not been used for environmental cases.
Legal Authority:
MINN. STAT. ANN. § 484.74 (West Supp. 1999) (authorizing and establishing procedures
for a pilot project in two judicial districts whereby judges may order nonbinding ADR);
MINN. STAT. ANN. § 484.76 (West Supp. 1999) (mandating that the state supreme court
establish a statewide ADR program for civil cases, adopt rules requiring the use of
nonbinding ADR in all civil cases, and adopt rules governing ADR practice, procedure, and
jurisdiction); MINN. GEN. R. PRAC. 114.01–.14 (providing the procedure used to
sanction ADR proceedings, appoint a third-party neutral, and establish guidelines for the
neutral); MINN. GEN. R. PRAC. 114 app. (providing a Code of Ethics for ADR practitioners).
Contact Information:
Roger Williams
Minnesota Office of Dispute Resolution
340 Centennial Building
658 Cedar Street
St. Paul, MN 55155
Phone: (651) 296-2633
Fax: (651) 297-7200
E-mail: mnodr@igc.apc.org
Program Summary The Minnesota Office of Dispute Resolution (MNODR) was opened in 1985 at the initiative of the Minnesota State Planning Agency with financial assistance from the National Institute for Dispute Resolution. The MNODR provides ADR services to state agencies. Instead of having different programs administered by each agency, cases in which ADR services are needed are referred to the MNODR. The MNODR provides mediation and facilitation services free of charge to participants. The MNODR is also used pre-emptively in rulemaking and policy analysis.
Lessons Learned
-
Having a central, neutral office is
beneficial. Services can be provided quickly and efficiently. Because the MNODR is not
affiliated with the disputant agency, there is less appearance of partiality.
- There was initial resistance to the use of EDR, as there is any time a new method for resolving disputes is used. Time has reduced this reluctance, but the often time-consuming nature of EDR, and the fact that the result is often a compromise rather than a total win for any party, may lessen the use of EDR. However, a history of success has made EDR more desirable to disputants.
- Having no fee for the services simplifies the process greatly.
Further Information
People
Thomas Fiutak, Farm Credit Mediation Program, Institute of Public Affairs, University of Minnesota, Minnesota Office of Dispute Resolution, 340 Centennial Bldg., 658 Cedar St., St. Paul, MN 55155, Phone: (612) 625-3046.
Indiana Conflict Resolution Institute
Last updated: June 1999
Comments: ICRI Administrator
Copyright 1999 -
Indiana University, Bloomington