Navigating the complexities of legal proceedings can be an intricate process, particularly in family law cases where emotions and stakes run high. The State of Minnesota has instituted protocols to encourage settling disputes out of court whenever possible, as exemplified by the Fam106 form. This form plays a critical role within the legal framework, serving to certify settlement efforts in family law matters, including divorce and custody disputes. The underlying principle of the form—to promote alternative dispute resolution (ADR) methods—underscores the court’s preference for parties to resolve their issues amicably without resort to a full trial. By mandating the moving party or their attorney to attempt to contact the other party within a week of filing a motion, the form aims to foster communication and negotiation, potentially easing the emotional and financial burdens of prolonged court battles. Furthermore, the Fam106 form requires a detailed account of these settlement efforts (or the lack thereof) to be submitted to the court, signaling the seriousness with which these pre-trial negotiations are regarded. In cases where exceptions apply, such as domestic abuse or when mediation is ordered but proves unsuccessful, the form also provides space to outline these circumstances, thus offering flexibility within its structure. The form illustrates the court’s commitment to prioritizing the welfare and preferences of the parties involved, as well as the efficient administration of justice.
| Question | Answer |
|---|---|
| Form Name | Form Fam106 |
| Form Length | 2 pages |
| Fillable? | No |
| Fillable fields | 0 |
| Avg. time to fill out | 30 sec |
| Other names | certificate of settlement efforts mn, mediate, ADR, complied |
STATE OF MINNESOTA
County
□In Re the Marriage of:
□In Re the Custody of:
Petitioner
and
Respondent
Intervenor
DISTRICT COURT
Judicial District:
Court File Number:
Case Type:
CERTIFICATE OF SETTLEMENT EFFORTS
Minn. Gen. R. Prac. 303.03(c)
I am the party or the attorney who filed a motion in this case. I understand that I am required by Rule 303.03(c) to contact the other party within 7 days of filing my motion to attempt a settlement of the issues and to discuss what type of Alternative Dispute Resolution (ADR) is appropriate in this case.
I understand that as the moving party, I must certify to the court that I have complied with Rule 303.03(c), or on what basis I am not required to comply with Rule 303.03(c).
I understand that I am required to file this Certificate of Settlement Efforts with the court at least
Check all that apply:
□
□
□
Withindays of filing my motion, I contacted the other party, or other party’s attorney to try to settle or reach an agreement on the issues in my motion.
The other party or attorney refused to talk with me or did not respond to my calls, emails, texts, letters, etc..
We discussed the following type of ADR in an effort to settle the issues: (state it here)
□The parties are exempt from settlement efforts because:
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□There is no court determination of the parent and child relationship in a parentage case.
□This case is a domestic abuse action under Chapter 518B
□This case is a contempt action
□This action includes maintenance, support, or parentage and the public authority responsible for child support enforcement is a party or is providing child support enforcement services.
□One of the parties claims to be the victim of domestic violence by the other party, or there is probable cause for the court to find that one of the parties or a child of the parties has been physically abused or threatened with physical abuse by the other party.
□There is a court order in this case requiring the parties to use mediation to resolve disputes BEFORE filing a motion. I tried to mediate before filing my motion and (check one):
□Mediation did not resolve all the issues; or
□The other party did not respond to the request to mediate or refused to mediate; or
□Mediation was scheduled and the other party did not appear at the mediation.
□I have other good reasons for not having settlement discussions with the other party. Explain
Dated:
Signature
Print Name:
Address:
City/State/Zip:
Telephone: ()
Attorney for:
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