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hg93 replied to the topic Alternatives dispute resolution in the forum Consultants and Legal Basics 8 years, 4 months ago
Hi,
Here are other few, out of court dispute resolutions which are referred to as Alternative Dispute Resolution (ADR).
Minitrials
A minitrial is a process by which the attorneys for the parties present a short version of the case to a panel, often comprised of the clients themselves and a neutral intermediary who chairs the process. Expert witnesses (and less frequently, lay witnesses) may be used in presenting the case. After the presentation, the clients, typically top management representatives who by now are more aware of the strengths and weaknesses of their positions, attempt to negotiate a settlement of the dispute. If a negotiated settlement is not reached, the parties may allow the intermediary to mediate the conflict or render a non-binding advisory opinion regarding the likely outcome of the case were it to be tried in civil court.
Summary Jury Trials
Summary jury trials are an ADR technique used primarily in federal courts, where they provide parties with the opportunity to “try” their cases before an advisory panel of jurors, without having to face the final and possibly adverse decision of a regular jury in civil court. The purpose of the summary jury trial is to facilitate pretrial termination of cases in which a significant impediment to negotiation is disagreement between the attorneys or parties regarding a civil jury’s likely findings on liability or damages in the case.