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Settlement Conference Program/FAQs

Overview

The family Court Settlement Office processes all family cases referred by a Judicial Officer for new divorce filings.

The parties may chose the Family Court Settlement Conference as a divorce settlement process.  Referees hear family disputes and try to facilitate a negotiated settlement to eliminate the need for a trial.

All referees are attorneys who have been admitted to practice in the State of Minnesota for a minimum of five years and whose application has been approved by the Chief Judge.

What Is The Hennepin County Family Settlement Conference Program?

The mission of the Hennepin County District Court is to provide a system of justice that assures equal access for the fair and timely resolution of cases and controversies.  Consistent with this mission, Hennepin County was the first District Court in Minnesota to establish an alternative dispute resolution (ADR) program for divorce cases.

ADR refers to a variety of techniques, such as mediation and arbitration, for resolving conflicts without going to trial.  The settlement conference is a form of mediation in that a neutral, third-party facilitator helps the parties reach an agreement on the divorce.

The facilitator may not impose his or her own judgment upon the issues of the case.   Facilitators are experienced lawyers who specialize in family law and have extensive training in family mediation.  They must have been admitted to the Minnesota Bar for at least five years.

Why This Family Court Program is a Good Option

The Settlement Conference Program of Hennepin County District Court has proven to be an excellent alternative to a trial for these reasons:

COST AND TIME: Disputes can be settled at much less cost – less time off work and lower legal fees – than a trial.  Also, the time period between scheduling and holding a settlement conference is much shorter than it is for a trial. 

Some form of ADR (Alternative Dispute Resolution) is required for all contested divorce cases filed in Hennepin County.  Finally, there is no additional cost for taking your court case to this program.

CONTROL/FAIRNESS:  The program provides a format in which all parties in the dispute can meet and "have their day in court."   Both parties have a voice in the decision making process.  In a trial format, the judge - not the parties to the divorce - decides the outcome.

What Is Required Of Me As A Participant In The Settlement Conference Program?

The parties in the dispute must each have filed certain documents (noted below) with the court and properly delivered them to the other party before participating in the program.

SUMMONS and PETITION:  Prepared by the person who initiated the divorce proceeding.  This person is referred to as the Petitioner.

ANSWER:  The response of the person being sued for divorce.  This person is referred to as the Respondent.

PRE-HEARING STATEMENT:  Prepared by each party and outlines the couples’ family and financial situation.

SETTLEMENT PROPOSAL:  Prepared by each party indicating the terms to which a party is willing to settle.  This document must be provided to the other party and the court, but it will not become part of the permanent court file.

Hearing Day (Family Settlement Conferences)

• On the day of your hearing, the participants and their attorneys are required to appear at the assigned time and courtroom.

• You are not required to have an attorney; you can represent yourself. However, you are expected to follow proper court procedure.

• The Referee will facilitate and attempt to reach an agreement on the terms of the divorce with both parties.

• The parties may meet for more than one settlement conference if permitted by the referring judicial officer.

• If the parties can agree on the divorce terms, the case is considered settled.  The parties then go to a courtroom and before the referee and a court reporter, the settlement terms are read into the court record.

• The appropriate paperwork is submitted to the Settlement Conference Office, forwarded to the referee who closed the matter for signature and then forwarded to the assigned judicial officer for signature.  The divorce is usually granted in about two to four weeks.

• For divorces with minor children that have unresolved custody or visitation issues, you must attend an education program. See Divorce Education Requirements.

• If the parties cannot reach agreement, the case is removed from the program and referred back to the assigned judicial officer for further proceedings.

Frequently Asked Questions

What are the requirements and how do I become a Referee?

To be an Referee in the Settlement Conference Program, you must have been an attorney in good standing with the Hennepin County Bar Association for at least five years. 

You need to contact the Family Court Settlement office to obtain an application and oath of office.   Complete the application and return to the Family Court Settlement office with a copy of your resume.  The Family Court staff will forward your application to the appropriate judge for approval.  Once your application is approved, the staff will contact you and schedule dates for you to conduct hearings.

How do I obtain information about the ADR Neutrals Roster maintained by the State of Minnesota?

Information about the ADR Neutrals Roster maintained by the State of Minnesota can be obtained by clicking this link.

I am not available on the date my case is scheduled for.  How do I get a continuance?

To obtain a continuance, contact the Family Court Settlement office at (612)596-1076.  Give the clerk who answers the phone the case file number and name.

You will be given alternative dates and times within the guidelines of when the case needs to be heard.  You then will contact the other parties involved, work out a mutually-agreeable date and time and call the Family Court Settlement office to confirm the new date. A new Order will not be mailed out. You will be responsible for submitting a confirmation letter to the Family Court Settlement Program and copying all parties.

We have reached an agreement in a family case and have completed a marital termination agreement.  Our hearing is tomorrow.  How do we cancel that hearing?

Contact the Family Court Settlement Office at (612)596-1076 to notify them of the agreement.  You will be on the next step to cancel the hearing.  Usually it requires faxing in the first and last/signature page.  The case is then continued out for several weeks to allow the parties to prepare the final paperwork and submit it to the Family Court Settlement Conference office.