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Alternative dispute resolutions is focus of bill that moves forward

Just as legislators look for all available solutions when faced with sponsoring legislation, they also want to make sure that families dealing with strenuous child custody or divorce cases know all the alternative dispute resolutions available to them.

HF3308, sponsored by Rep. Cindy Pugh (R-Chanhassen), would mandate a family law court provide an informational form regarding all available alternative dispute resolutions to both parties at a first hearing. It would apply to all cases that are filed on or after Aug. 1, 2016, except domestic abuse cases, which are exempt.

Passed 127-0 by the House Monday, the bill now goes to the Senate where Sen. Dan Hall (R-Burnsville) is the sponsor.

“Regardless of the outcome, there are all too frequently no winners; the process takes a toll and doesn’t reflect the best practices,” Pugh said.

Alternative dispute resolutions can be any means of settling or resolving disputes outside of a courtroom, using any method other than litigation. It can sometimes include professional mediation.

The bill focuses on outreach to make already available alternative dispute resolutions more widely known.

“In the interest and well-being of families we seek to improve upon the process and inform [families] that they have options,” Pugh said at a House Civil Law and Data Practices Committee meeting earlier this session. “Consistent use of alternative dispute resolutions could result in more favorable and less contentious outcomes for families; it’s a process to encourage families to resolve their differences, so that a judge doesn’t have to be the one to make the decisions for them.”


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