A structured settlement process in which the disputants agree on a procedure for presenting their cases in a highly abbreviated form to senior officials for each side who possess authority to settle. Often, a neutral presides over the hearing. and may subsequently mediate the dispute or help parties evaluate their cases.
is a confidential, nonbonding exchange of information, intended to facilitate settlement. The goal of mini-trial is to encourage prompt, cost-effective resolution of complex litigation. Mini-trial seeks to narrow the areas of controversy, dispose of collateral issues, and encourage a fair and equitable settlement.
a case resolution technique applicable in litigation where extensive court time could reasonably be anticipated
a flexible, off-the-record, expedited procedure where each side presents an abbreviated version of its case
an alternative method for resolving a legal dispute from a formal court trial
a non-binding determination by a tribunal consisting of representatives or appointees of the parties to the dispute who are not personally involved chaired by a legally qualified neutral
a private, consensual proceeding where each party makes a short presentation before a panel consisting of representatives selected by the parties
a procedure where the parties present their arguments, and provable evidence, to a panel of experienced lawyers
a refinement of ENE in which the neutral is joined by directors, officers, senior employees or other representatives of the parties who have not previously been involved in the dispute
a settlement process in which each side presents a highly abbreviated summary of its case to senior officials who are authorized to settle the case
a voluntary procedure intended to allow the parties to present their cases informally to each other as a prelude to settlement discussions
is a process in which the parties present arguments and evidence to a neutral third party who provides advice as to the facts of the dispute, and advice regarding possible, probable and desirable outcomes and the means whereby these may be achieved. See also case presentation. (NADRAC's Definitions Paper)
A procedure where the parties make abbreviated presentations to a neutral third party who sits with the parties' designated principal representatives as a mini-trial panel to hear and evaluate evidence relating to an issue in controversy. The neutral may thereafter meet with the principal representatives to attempt to mediate a settlement. The mini-trial process may also be a prelude to the neutral's issuance of either a formal written non-binding advisory opinion or to the neutral's rendering of a binding arbitration award.
A highly structured, formalized and evaluative mediation process in which the parties cede a great deal of procedural control in order to reframe the dispute from the context of litigation to the context of a business problem. It requires the participation of non-legal party representatives with settlement authority who sit as a panel with the neutral.