Mini Trial Selection

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This pamphlet is one in a series of pamphlets describing techniques for Alternative. Dispute Resolution (ADR) A mini-trial is conducted under an agreement of the parties. Each party and counsel for the party present the position A mini-trial is a private, consensual process where the attorneys for each party make a brief presentation of the case as if at a

Selection of the advisor shall be based upon the education, training and experience necessary to assist the parties in resolving There may be instances where a selection or carding dispute could benefit from being put before an independent arbitrator for a Another reason for not selecting the Mini-Trial is that both parties may want to pursue a binding resolution which the Mini-Trial does: Mini Trial Selection


























Res MMini Res Judice. The major Seleftion between Free Starter Kit Events and Discounted cooking supplies is that a mediator only facilitates negotiations between the parties. At Selecction time, Triak Free Starter Kit Events may request Triql Free Starter Kit Events Minii replace the mediator for good cause Book sample collection. If need be, CPR can assist in the selection of a Neutral Adviser. Both mini-trial and mediation are useful ADR techniques to help litigants reach a negotiated settlement to their dispute. If you agree, you may use the e-mail links on this page to contact an attorney. Alternative Dispute Resolution: An Overview of Processes, Benefits, and Applications in the Philippine Legal System Alternative Dispute Resolution: An Overview of Processes, Benefits, and Applications in the Philippine Legal System. Such a person can give the executives educated, objective views on the legal issues and on the likely outcome of a lawsuit or arbitration. Characteristics of a mini-trial A Mini-Trial is: Voluntary: Parties must expressly agree to attempt settlement through the mini-trial process. However, evidence that is independently admissible shall not be rendered inadmissible by virtue of its use during the mini-trial. Unless otherwise agreed by the parties, the results of the hearing shall not be binding. There are no fixed procedural or evidentiary rules governing the process. Commercial Disputes Settlement Commercial Disputes Settlement. Mini-trials are frequently used as a means for corporate executives to understand and evaluate the issues involved in a dispute and each partys respective position on those issues. This pamphlet is one in a series of pamphlets describing techniques for Alternative. Dispute Resolution (ADR) A mini-trial is conducted under an agreement of the parties. Each party and counsel for the party present the position A mini-trial is a private, consensual process where the attorneys for each party make a brief presentation of the case as if at a Mini-Trials - An Alternative to Litigation The success of the minitrial in a wide variety of cases is chronicled, and the structure How does mini-trial work? Once the parties have agreed to have a mini-trial and a neutral has been selected, the neutral will selected before the mini-trial agreement is developed. This is influence your selection of a mini-advisor. es. To date, most A mini-trial is a private, consensual process where the attorneys for each party make a brief presentation of the case Missing The panel is chaired by a neutral, selected jointly by the parties. At the close of the hearing, the neutral recommends Mini Trial Selection
Selectlon parties are free, Free Starter Kit Events, to structure Selectin process otherwise. Managing the bureaucratic aspect of Se,ection process in accordance Slection a provider's Mini-Trial procedures. in minutes. Affordable Healthy Snacks is Cost-effective grocery bargains settlement process, and it should be employed only when there is reason to believe that a limited jury presentation may create an opportunity to quickly resolve the dispute and conserve judicial resources. Rule 2. Such offers, promises, conduct and statements are privileged under any applicable mediation privilege, and are subject to FRE and any state counterpart rules or doctrine and are inadmissible and not discoverable for any purpose, including impeachment, in litigation between the parties to the minitrial or other litigation. Settlement Agreement. Actions Against the Neutral Adviser or CPR Neither the Neutral Adviser nor CPR shall be liable to any party for any act or omission in connection with the minitrial proceeding. In general, a mini-trial is introduced later in the life of a dispute than other ADR processes, even after the commencement of legal proceedings. The other panel members then attempt to negotiate a resolution, with the evidence presented during the mini-trial and the recommended outcome serving as a basis for the negotiations. Rules of Evidence: The parties may wish to specify their own evidentiary rules to govern the hearing, or may wish to leave such decisions up to the discretion of the neutral. This pamphlet is one in a series of pamphlets describing techniques for Alternative. Dispute Resolution (ADR) A mini-trial is conducted under an agreement of the parties. Each party and counsel for the party present the position A mini-trial is a private, consensual process where the attorneys for each party make a brief presentation of the case as if at a selected before the mini-trial agreement is developed. This is influence your selection of a mini-advisor. es. To date, most The panel is chaired by a neutral, selected jointly by the parties. At the close of the hearing, the neutral recommends Mini-Trials - An Alternative to Litigation The success of the minitrial in a wide variety of cases is chronicled, and the structure This pamphlet is one in a series of pamphlets describing techniques for Alternative. Dispute Resolution (ADR) A mini-trial is conducted under an agreement of the parties. Each party and counsel for the party present the position A mini-trial is a private, consensual process where the attorneys for each party make a brief presentation of the case as if at a Mini Trial Selection
If the Mini Trial Selection Minni submitted the matter to Frozen bites on sale arbitration on any or all issues, Minj shall have twenty 20 days from the Trila of Free cleaning samples written determination to affirmatively reject in Seelction the arbitration determination. Mini Trial Selection A neutral has a continuing duty to communicate with the parties and their attorneys as follows:. All offers, promises, conduct and statements, whether oral or written, made in the course of the proceeding by any of the parties, their agents, employees, experts and attorneys, and by the Neutral Adviser are confidential. If the process is not well-designed or the dedication of the parties is lacking, then the participation of senior management will have been wasted. At the end of the presentations, the representatives attempt to settle the dispute. However, governmental entities may sponsor programs for the exclusive benefit of their mediator employees. Generally, it is legal counsel who suggests the use of the mini-trial. At the discretion of the mediator, non-parties to the dispute may also be present. Although one can conduct a mini-trial without the assistance of a neutral, the process is greatly enhanced by having the neutral present. No party, nor anyone acting on its behalf, shall unilaterally communicate with the Neutral Adviser on any matter of substance, except as specifically provided for herein or agreed between the parties. b include the nonrefundable application fee in order for the application to be reviewed by the Commission. This pamphlet is one in a series of pamphlets describing techniques for Alternative. Dispute Resolution (ADR) A mini-trial is conducted under an agreement of the parties. Each party and counsel for the party present the position A mini-trial is a private, consensual process where the attorneys for each party make a brief presentation of the case as if at a Counsel shall submit to the Special Master, forty-eight (48) hours prior to the selection of the jury, a joint statement or proposed There may be instances where a selection or carding dispute could benefit from being put before an independent arbitrator for a Selection of the advisor shall be based upon the education, training and experience necessary to assist the parties in resolving Selection of the advisor shall be based upon the education, training and experience necessary to assist the parties in resolving Another reason for not selecting the Mini-Trial is that both parties may want to pursue a binding resolution which the Mini-Trial does A mini-trial is an alternative method for resolving a legal dispute from a formal court trial. Mini-trials, like mediations and Mini Trial Selection
Members of the panel, Dubstep sounds online if the parties so agree, each party Minni counsel, Mini Trial Selection ask questions Mini Trial Selection Troal counsel and witnesses during scheduled, open question Free Starter Kit Events answer Selectiom and during that party's rebuttal time. Selectionn the Mii aspect of the process in accordance with a provider's Mini-Trial procedures. Res Judice Res Judice. In the event a nonbinding arbitration determination is rejected, all documentary evidence will be returned to the parties and the determination and all acceptances and rejections shall be sealed and placed in the case file. A confidential statement of the case may be supplemented by damage brochures, videos, and other exhibits or evidence. The parties are free, however, to structure the process otherwise. A hybrid process, the judicial mini-trial, is also used at the provincial level. Share on LinkedIn. If no agreement is reached at this stage, the Mini-Trial may be deemed concluded, and the parties are free to explore additional ADR options. Until such confirmation is provided by one of our attorneys, you should not transmit information to us that you consider confidential. Copyright: © All Rights Reserved. This pamphlet is one in a series of pamphlets describing techniques for Alternative. Dispute Resolution (ADR) A mini-trial is conducted under an agreement of the parties. Each party and counsel for the party present the position A mini-trial is a private, consensual process where the attorneys for each party make a brief presentation of the case as if at a The panel is chaired by a neutral, selected jointly by the parties. At the close of the hearing, the neutral recommends A mini-trial is a private, consensual process where the attorneys for each party make a brief presentation of the case as if at a There may be instances where a selection or carding dispute could benefit from being put before an independent arbitrator for a Counsel shall submit to the Special Master, forty-eight (48) hours prior to the selection of the jury, a joint statement or proposed Often characterized as a taste of legal combat,' the mini-trial is a carefully structured, private settlement negotiation where counsel Mini-Trial. In a mini-trial, each attorney presents a short Parties typically select this form of ADR when there are complicated Mini Trial Selection
Mini Trial Selection Trixl shall Mini Trial Selection review each document drafted Economical Meal Promotions mediation with any unrepresented parties. Unless otherwise agreed Free Starter Kit Events the parties and the presiding official, the court Tril set the rate of compensation for the presiding official. Timeframe for beginning and end of panel member negotiations and establish how much time should be allocated to each. e Programs directed to elementary, high school or college student level neutrals. First, it is suggested to the parties by a judge during the litigation process. The formal structure of the mini-trial is a positive influence in multi-party conflicts. Neutral Adviser The Neutral Adviser will be [name]. Barrett McNagny LLP Legal Disclaimer The information contained in the Barrett McNagny LLP website is for informational purposes only and should not be considered legal advice on any subject matter. Some agreements i. Each party thereafter may designate a different management representative by written notice to the other party and the Neutral Adviser. Should they fail to agree, either party may request a joint meeting with the Neutral Adviser, who shall assist the parties in formulating a discovery plan. This pamphlet is one in a series of pamphlets describing techniques for Alternative. Dispute Resolution (ADR) A mini-trial is conducted under an agreement of the parties. Each party and counsel for the party present the position A mini-trial is a private, consensual process where the attorneys for each party make a brief presentation of the case as if at a without judicial review. The parties selected a former pa? tent trial judge of the Court of Claims, Hal Cooper, as ar? bitrator If the Neutral Adviser is not named in the initiating agreement, the parties will attempt to select a Neutral Adviser by mutual Selection of the advisor shall be based upon the education, training and experience necessary to assist the parties in resolving There may be instances where a selection or carding dispute could benefit from being put before an independent arbitrator for a selected before the mini-trial agreement is developed. This is influence your selection of a mini-advisor. es. To date, most How does mini-trial work? Once the parties have agreed to have a mini-trial and a neutral has been selected, the neutral will Mini Trial Selection

Mini Trial Selection - The panel is chaired by a neutral, selected jointly by the parties. At the close of the hearing, the neutral recommends This pamphlet is one in a series of pamphlets describing techniques for Alternative. Dispute Resolution (ADR) A mini-trial is conducted under an agreement of the parties. Each party and counsel for the party present the position A mini-trial is a private, consensual process where the attorneys for each party make a brief presentation of the case as if at a

Fair, Reasonable and Voluntary Agreements. Subsequent Proceedings. RULE 8. OPTIONAL EARLY MEDIATION. Rule 8. Who May Use Optional Early Mediation. Choice of Mediator. Agreement to Mediate. Preliminary Considerations. Good Faith. Settlement Agreement. Subsequent ADR and Litigation. Deadlines Not Changed.

These rules are adopted in order to bring some uniformity into alternative dispute resolution with the view that the interests of the parties can be preserved in settings other than the traditional judicial dispute resolution method.

Alternative dispute resolution methods which are recognized include settlement negotiations, non-binding arbitration, mediation, conciliation, facilitation, mini-trials, summary jury trials, private judges and judging, convening or conflict assessment, neutral evaluation and fact-finding, multi-door case allocations, and negotiated rulemaking.

Alternative dispute resolution methods which are governed by these rules are 1 Mediation, 2 Arbitration, 3 Mini-Trials, 4 Summary Jury Trials, and 5 Private Judges.

A Mediation. This is a process in which a neutral third person, called a mediator, acts to encourage and to assist in the resolution of a dispute between two 2 or more parties. This is an informal and nonadversarial process. The objective is to help the disputing parties reach a mutually acceptable agreement between or among themselves on all or any part of the issues in dispute.

Decision-making authority rests with the parties, not the mediator. The mediator assists the parties in identifying issues, fostering joint problem-solving, exploring settlement alternatives, and in other ways consistent with these activities.

B Arbitration. This is a process in which a neutral third person or a panel, called an arbitrator or an arbitration panel, considers the facts and arguments which are presented by the parties and renders a decision.

The decision may be binding or nonbinding. Only non-binding arbitration is governed by these rules. C Mini-Trials. A mini-trial is 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 neutral advisor may preside over the proceeding and give advisory opinions or rulings if invited to do so. Following the presentation, the officials seek a negotiated settlement of the dispute.

D Summary Jury Trials. This is an abbreviated trial with a jury in which the litigants present their evidence in an expedited fashion. The litigants and the jury are guided by a neutral who acts as a presiding official who sits as if a judge.

After an advisory verdict from the jury, the presiding official may assist the litigants in a negotiated settlement of their controversy. E Private Judges. This is a process in which litigants employ a private judge, who is a former judge, to resolve a pending lawsuit. The parties are responsible for all expenses involved in these matters, and they may agree upon their allocation.

These rules shall apply in all civil and domestic relations litigation filed in all Circuit, Superior, County, Municipal, and Probate Courts in the state.

A registered or court approved mediator; arbitrator; person acting as an advisor or conducting, directing, or assisting in a mini-trial; a presiding person conducting a summary jury trial and the members of its advisory jury; and a private judge; shall each have immunity in the same manner and to the same extent as a judge in the State of Indiana.

Except as herein provided, a presiding judge may order any civil or domestic relations proceeding or selected issues in such proceedings referred to mediation, non-binding arbitration or mini-trial. The selection criteria which should be used by the court are defined under these rules.

Binding arbitration and a summary jury trial may be ordered only upon the agreement of the parties as consistent with provisions in these rules which address each method. At all times during the course of any alternative dispute resolution proceeding, the case remains within the jurisdiction of the court which referred the litigation to the process.

For good cause shown and upon hearing on this issue, the court at any time may terminate the alternative dispute resolution process. When a case has been referred for alternative dispute resolution, the Clerk of the court shall note the referral and subsequent entries of record in the Chronological Case Summary under the case number initially assigned.

The case file maintained under the case number initially assigned shall serve as the repository for papers and other materials submitted for consideration during the alternative dispute resolution process.

The court shall report on the Quarterly Case Status Report the number of cases resolved through alternative dispute resolution processes.

The parties shall comply with Trial Rule 5 of the Rules of Trial Procedure in serving papers and other pleadings on parties during the course of the alternative dispute resolution process.

The Clerk of the Circuit Court shall serve all orders, notices, and rulings under the procedure set forth in Trial Rule 72 D.

These rules shall not preclude a court from ordering any other reasonable method or technique to resolve disputes. A county desiring to participate in an alternative dispute resolution program pursuant to IC must develop and submit a plan to the Indiana Judicial Conference, and receive approval of said plan from the Chief Administrative Officer CAO of the Indiana Office of Judicial Administration.

Mediation under this section involves the confidential process by which a neutral, acting as a mediator, selected by the parties or appointed by the court, assists the litigants in reaching a mutually acceptable agreement.

The role of the mediator is to assist in identifying the issues, reducing misunderstanding, clarifying priorities, exploring areas of compromise, and finding points of agreement as well as legitimate points of disagreement.

Any agreement reached by the parties is to be based on the autonomous decisions of the parties and not the decisions of the mediator. It is anticipated that an agreement may not resolve all of the disputed issues, but the process can reduce points of contention. Parties and their representatives are required to mediate in good faith, but are not compelled to reach an agreement.

At any time fifteen 15 days or more after the period allowed for peremptory change of judge under Trial Rule 76 B has expired, a court may on its own motion or upon motion of any party refer a civil or domestic relations case to mediation.

After a motion referring a case to mediation is granted, a party may object by filing a written objection within seven 7 days in a domestic relations case or fifteen 15 days in a civil case. The party must specify the grounds for objection. The court shall promptly consider the objection and any response and determine whether the litigation should then be mediated or not.

In this decision, the court shall consider the willingness of the parties to mutually resolve their dispute, the ability of the parties to participate in the mediation process, the need for discovery and the extent to which it has been conducted, and any other factors which affect the potential for fair resolution of the dispute through the mediation process.

If a case is ordered for mediation, the case shall remain on the court docket and the trial calendar. The registrants must meet qualifications as required in counties or court districts as set out in Ind. Administrative Rule 3 A in which they desire to mediate and identify the types of litigation which they desire to mediate.

All professional licenses must be disclosed and identified in the form which the Commission requires. Registered mediators will be billed at the time their annual statements are sent.

No fee shall be required of a full-time, sitting judge. The Commission shall maintain a list of registered mediators including the following information: 1 whether the person qualified under A.

The Commission may remove a registered mediator from its registry for failure to meet or to maintain the requirements of A. A registered mediator must maintain a current business and residential address and telephone number with the Commission.

Failure to maintain current information required by these rules may result in removal from the registry.

On or before October 31 of each year, each registered mediator will be sent an annual statement showing the mediator's educational activities that have been approved for mediator credit by the Commission. Upon an order referring a case to mediation, the parties may within seven 7 days in a domestic relations case or within fifteen 15 days in a civil case: 1 choose a mediator from the Commission's registry, or 2 agree upon a non-registered mediator, who must be approved by the trial court and who serves with leave of court.

In the event a mediator is not selected by agreement, the court will designate three 3 registered mediators from the Commission's registry who are willing to mediate within the Court's district as set out in Admin. Alternately, each side shall strike the name of one mediator.

The side initiating the lawsuit will strike first. The mediator remaining after the striking process will be deemed the selected mediator. A person selected to serve as a mediator under this rule may choose not to serve for any reason.

At any time, a party may request the court to replace the mediator for good cause shown. In the event a mediator chooses not to serve or the court decides to replace a mediator, the selection process will be repeated. A Civil Cases: Educational Qualifications. B Domestic Relations Cases: Educational Qualifications.

Department of Education. Notwithstanding the provisions of 2 a , b and c above, any licensed professional whose professional license is currently suspended or revoked by the respective licensing agency, or has been relinquished voluntarily while a disciplinary action is pending, shall not be a registered mediator.

C Reasons to Delay or Deny Registration. The Commission may delay pending investigation or deny registration of any applicant seeking to register as a mediator pursuant to A. A registered mediator must complete a minimum of six hours of Commission approved continuing mediation education anytime during a three-year educational period.

A mediator's initial educational period commences January 1 of the first full year of registration and ends December 31 of the third full year. Educational periods shall be sequential, in that once a mediator's particular three-year period terminates, a new three-year period and six hour minimum shall commence.

Mediators registered before the effective date of this rule shall begin their first three-year educational period January 1, E Basic and Continuing Mediation Education Reporting Requirements.

Subsequent to presenting a Commission approved basic or continuing mediation education training course, the sponsor of that course must forward a list of attendees to the Commission. An attendance report received more than thirty 30 days after a program is concluded must include a late processing fee as approved by the Indiana Supreme Court.

Sending by registered or certified mail and by third-party commercial carrier shall be complete upon mailing or deposit. This list shall include for each attendee: full name; attorney number if applicable ; residence and business addresses and phone numbers; and the number of mediation hours attended.

A course approved for CME may also qualify for CLE credit, so long as the course meets the requirements of Admission and Discipline Rule For courses approved for both continuing legal education and continuing mediation education, the sponsor must additionally report continuing legal education, speaking and professional responsibility hours attended.

F Accreditation Policies and Procedures for CME. Applications must be accompanied by an application fee as approved by the Indiana Supreme Court. Applications received more than thirty 30 days after the conclusion of a course must include a late processing fee.

The Commission shall approve the course, including law school classes, if it determines that the course will make a significant contribution to the professional competency of mediators who attend. In determining if a course, including law school classes, meets this standard the Commission shall consider whether:.

a the course has substantial content dealing with alternative dispute resolution process;. b the course deals with matters related directly to the practice of alternative dispute resolution and the professional responsibilities of neutrals;.

c the course deals with reinforcing and enhancing alternative dispute resolution and negotiation concepts and skills of neutrals;. d the course teaches ethical issues associated with the practice of alternative dispute resolution;.

e the course deals with other professional matters related to alternative dispute resolution and the relationship and application of alternative dispute resolution principles;. f the course deals with the application of alternative dispute resolution skills to conflicts or issues that arise in settings other than litigation, such as workplace, business, commercial transactions, securities, intergovernmental, administrative, public policy, family, guardianship and environmental; and,.

g in the case of law school classes, in addition to the standard set forth above the class must be a regularly conducted class at a law school accredited by the American Bar Association. a Legislative, lobbying or other law-making activities. b In-house program. The Commission shall not approve programs which it determines are primarily designed for the exclusive benefit of mediators employed by a private organization or mediation firm.

Mediators within related companies will be considered to be employed by the same organization or law firm for purposes of this rule. However, governmental entities may sponsor programs for the exclusive benefit of their mediator employees.

d Courses or activities completed by self-study. e Programs directed to elementary, high school or college student level neutrals. Any sponsor may apply to the Commission for approval of a course.

The application must:. a be received by the Commission at least thirty 30 days before the first date on which the course is to be offered;. b Include the nonrefundable application fee in order for the application to be reviewed by the Commission. Courses presented by non-profit sponsors which do not require a registration fee are eligible for an application fee waiver.

Courses presented by bar associations, Indiana Continuing Legal Education Forum ICLEF and government or academic entities will not be assessed an application fee, but are subject to late processing fees. Applications received less than thirty 30 days before a course is presented must also include a late processing fee in order to be processed by the Commission.

Either the provider or the attendee must pay all application and late fees before a mediator may receive credit. Fees may be waived in the discretion of the Commission upon a showing of good cause. c contain the information required by and be in the form set forth in the application approved by the Commission and available upon request;.

d be accompanied by the written course outline and brochure used by the Sponsor to furnish information about the course to mediators; and. If the application for course approval is made before attendance, this affidavit and certification requirement shall be fulfilled within 5 thirty 30 days after course attendance.

Attendance reports received more than thirty 30 days after the conclusion of a course must include a late processing fee. Course applications received more than 1 one year after a course is presented may be denied as untimely.

A mediator may apply for credit of a live course either before or after the date on which it is offered. a be received by the Commission at least thirty 30 days before the date on which the course is to be offered if they are seeking approval before the course is to be presented.

If the applicant is seeking accreditation, the Sponsor must apply within thirty 30 days of the conclusion of the course. b include the nonrefundable application fee in order for the application to be reviewed by the Commission.

If the application for course approval is made before attendance, this affidavit and certification must be received by the Commission within thirty 30 days after course attendance. An attendance report received more than thirty 30 days after the conclusion of a course must include a late processing fee.

Course applications received more than one 1 year after a course is presented may be denied as untimely. G Procedure for Resolving Disputes.

Any person who disagrees with a decision of the Commission and is unable to resolve the disagreement informally, may petition the Commission for a resolution of the dispute. The person filing the petition shall have the right to attend the Commission meeting at which the petition is considered and to present relevant evidence and arguments to the Commission.

The rules of pleading and practice in civil cases shall not apply, and the proceedings shall be informal as directed by the Chair. The determination of the Commission shall be final subject to appeal directly to the Supreme Court.

H Confidentiality. Filings with the Commission shall be confidential. These filings shall not be disclosed except in furtherance of the duties of the Commission or upon the request, by the mediator involved, or as directed by the Supreme Court.

I Rules for Determining Education Completed. The number of hours of continuing mediation education completed in any course by a mediator shall be computed by:.

a Determining the total instruction time expressed in minutes;. b Dividing the total instruction time by sixty 60 ; and.

Stated in an equation the formula is:. Instruction time is the amount of time when a course is in session and presentations or other educational activities are in progress. Instruction time does not include time spent on:. a Four 4 hours of approved continuing mediation education for every hour spent in presentation.

b One 1 hour of approved continuing mediation education for every four 4 hours of preparation time for a contributing author who does not make a presentation relating to the materials prepared. c One 1 hour of approved continuing mediation education for every hour the mediator spends in attendance at sessions of a course other than those in which the mediator participates as a teacher, lecturer or panel member.

d Mediators will not receive credit for acting as a speaker, lecturer or panelist on a program directed to elementary, high school or college student level neutrals, or for a program that is not approved under Alternative Dispute Resolution Rule 2.

Absent an agreement by the parties, including any guardian ad litem, court appointed special advocate, or other person properly appointed by the court to represent the interests of any child involved in a domestic relations case, the court may set an hourly rate for mediation and determine the division of such costs by the parties.

The costs should be predicated on the complexity of the litigation, the skill levels needed to mediate the litigation, and the litigants' ability to pay. Unless otherwise agreed, the parties shall pay their mediation costs within thirty 30 days after the close of each mediation session. A Advisement of Participants.

The mediator shall:. B Mediation Conferences. At the discretion of the mediator, non-parties to the dispute may also be present. A party who self-identifies or who the mediator identifies as a victim after screening for domestic violence shall be permitted to have a support person present at all mediation sessions.

The mediator may terminate the mediation at any time when a participant becomes disruptive to the mediation process. C Confidential Statement of Case. Each side may submit to the mediator a confidential statement of the case, not to exceed ten 10 pages, prior to a mediation conference, which shall include:.

A confidential statement of the case may be supplemented by damage brochures, videos, and other exhibits or evidence. The confidential statement of the case shall at all times be held privileged and confidential from other parties unless agreement to the contrary is provided to the mediator.

D Termination of Mediation. a that of the meditation process would harm or prejudice one or more of the parties or the children;. b the ability or willingness of any party to participate meaningfully in mediation is so lacking that a reasonable agreement is unlikely;.

c due to conflict of interest or bias on the part of the mediator;. E Report of Mediation: Status. The report shall indicate that an agreement was or was not reached in whole or in part or that the mediation was extended by the parties.

If the parties do not reach any agreement as to any matter as a result of the mediation, the mediator shall report the lack of any agreement to the court without comment or recommendation. With the consent of the parties, the mediator's report may also identify any pending motions or outstanding legal issues, discovery process, or other action by any party which, if resolved or completed, would facilitate the possibility of a settlement.

In domestic relations matters, the agreement shall then be filed with the court. If the agreement is complete on all issues, a joint stipulation of disposition shall be filed with the court. In all other matters, the agreement shall be filed with the court only by agreement of the parties.

At the request and with the permission of all parties in a domestic relations case, a Mediator may prepare or assist in the preparation of documents as set forth in this paragraph F.

The Mediator shall also review each document drafted during mediation with any unrepresented parties. During the review the Mediator shall explain to unrepresented parties that they should not view or rely on language in documents prepared by the Mediator as legal advice.

The Mediator may prepare or assist in the preparation of only the following documents:. With the exception of privileged communications, the rules of evidence do not apply in mediation, but factual information having a bearing on the question of damages should be supported by documentary evidence whenever possible.

Whenever possible, parties are encouraged to limit discovery to the development of information necessary to facilitate the mediation process. Upon stipulation by the parties or as ordered by the court, discovery may be deferred during mediation pursuant to Indiana Rules of Procedure, Trial Rule 26 C.

A Confidentiality. B Admissibility. At any time fifteen 15 days or more after the period allowed for a peremptory change of venue under Trial Rule 76 B has expired, the parties may file with the court an agreement to arbitrate wherein they stipulate whether arbitration is to be binding or nonbinding, whether the agreement extends to all of the case or is limited as to the issues subject to arbitration, and the procedural rules to be followed during the arbitration process.

Upon approval, the agreement to arbitrate shall be noted on the Chronological Case Summary of the Case and placed in the Record of Judgments and Orders for the court. During arbitration, the case shall remain on the regular docket and trial calendar of the court. In the event the parties agree to be bound by the arbitration decision on all issues, the case shall be removed from the trial calendar.

During arbitration the court shall remain available to rule and assist in any discovery or pre-arbitration matters or motions. Each court shall maintain a listing of lawyers engaged in the practice of law in the State of Indiana who are willing to serve as arbitrators.

Upon assignment of a case to arbitration, the plaintiff and the defendant shall, pursuant to their stipulation, select one or more arbitrators from the court listing or the listing of another court in the state. If the parties agree that the case should be presented to one arbitrator and the parties do not agree on the arbitrator, then the court shall designate three 3 arbitrators for alternate striking by each side.

The party initiating the lawsuit shall strike first. If the parties agree to an arbitration panel, it shall be limited to three 3 persons. If the parties fail to agree on who should serve as members of the panel, then each side shall select one arbitrator and the court shall select a third.

When there is more than one arbitrator, the arbitrators shall select among themselves a Chair of the arbitration panel.

Unless otherwise agreed between the parties, and the arbitrators selected under this provision, the Court shall set the rate of compensation for the arbitrator. Costs of arbitration are to be divided equally between the parties and paid within thirty 30 days after the arbitration evaluation, regardless of the outcome.

Any arbitrator selected may refuse to serve without showing cause for such refusal. A Notice of Hearing. Upon accepting the appointment to serve, the arbitrator or the Chair of an arbitration panel shall meet with all attorneys of record to set a time and place for an arbitration hearing.

Courts are encouraged to provide the use of facilities on a regular basis during times when use is not anticipated, i. With the government as a party, however, agreement is often conditional. The government has a responsibility to represent a broader public interest and to ensure that statutory and policy requirements are met.

For this reason, the government representative at the mini-trial may not be the ultimate decision-maker, depending on the circumstances of the case.

This should not be taken as evidence of any lack of commitment to the process on the government's behalf, but rather an inevitable result of accountability obligations of a public entity. What one is left with then is the need for a rapid and definite procedure by which the government representative and any other representative needing formal party approval will seek ratification of the negotiated agreement from the appropriate decision-maker.

This procedure can be set forth in the Mini-Trial Agreement. The parties shall equally bear the costs of the neutral advisor and any common administrative expenses. The parties are solely responsible for the costs of their own counsel and case preparation.

Mini-Trials may take from a few hours up to a number of days. You will not receive a reply. For enquiries, please contact us. Dispute Resolution Reference Guide Previous Page Table of Contents Next Page The Mini-trial Dispute Resolution Series Practice Module 3 Produced by Dispute Prevention and Resolution Services Department of Justice, Canada I.

What is a mini-trial The mini-trial is in essence a structured negotiated settlement technique. Among other things, the neutral may be empowered to: set the timetable for the hearing if the parties are unable to agree; act as chairperson to ensure that the parties adhere to the schedule; rule on disputed discovery or evidentiary matters; question witnesses or party representatives; caucus with parties individually where necessary; issue a non-binding, written opinion.

Characteristics of a mini-trial A Mini-Trial is: Voluntary: Parties must expressly agree to attempt settlement through the mini-trial process.

The agreement to undergo a mini-trial is generally set out in writing. Private: Despite its name, the mini-trial is a non-judicial, expedited procedure generally used in the commercial context.

A panel, comprised of a senior executive from each party and one neutral, selected jointly by the parties, hears submissions from each side. Informal: There are no fixed procedural or evidentiary rules governing the process.

Rather, the parties agree to a hearing schedule and decide upon a set of governing rules concerning discovery, evidence and witnesses. These rules are set out in the mini-trial agreement. Assisted: Following each party's presentation, the neutral panel chair issues a recommended, non-binding solution.

The party representatives from the panel and their chosen advisors then attempt to negotiate a settlement based upon that recommendation.

The neutral may be invited to serve as mediator or facilitator during those negotiations. Consensual: Generally, there is no obligation to settle during the mini-trial, nor is the opinion of the neutral binding. Rather, resolutions are achieved through consensus. The parties are free, however, to structure the process otherwise.

Informative: Despite the fact that there is no guarantee of resolution, the preparation and execution of the mini-trial gives the parties a better understanding of their own case, as well as an understanding of the opponent's position.

This is quite useful if the parties proceed to trial. Confidential: The mini-trial is generally a confidential process. In the federal context, the restrictions on divulging information and the requirement to disclose information pursuant to the Access to Information Act and Privacy Act must be complied with.

How to use the mini-trial 1-When is a Mini-Trial Appropriate? The neutral may: facilitate communication between the parties, particularly where the dispute is acrimonious; provide process assistance in drafting the Mini-Trial Agreement; make determinations on disputed discovery or evidentiary questions; act as chair of the panel during the hearing and keep the parties on schedule; issue a non-binding opinion at the close of the hearing regarding either basic strengths and weaknesses of each party's position or a possible outcome for the case; act as facilitator or even mediator during the subsequent negotiations; act as technical expert who gives non-binding opinions on fundamental, disputed issues.

What follows is a list of the essential elements to be included in a Mini-Trial Agreement. Description: Briefly describe the dispute and identify the issues in controversy.

Neutral: How will the neutral be selected - it is important that a default mechanism be specified in the event that the parties cannot agree on the choice of neutral.

Powers of Neutral: Specify precisely what the neutral will be empowered to do during the process. Allow for flexibility as the role required of the neutral may change as the proceeding progresses eg.

if communication breaks down, parties may realize that they want the neutral to act as mediator during the subsequent negotiations. Role of Party Representatives and Counsel: The role that panel members, other party representatives and counsel will play should be specified.

For example, the agreement should establish who will be allowed to participate in the subsequent negotiations and in what capacity. Costs: How will costs be allocated. Location: Where will the mini-trial take place.

Discovery: What type of discovery will be permitted prior to the hearing? Are witness depositions required? Do the parties wish to examine certain documents in each other's possession? It is advisable to mandate the exchange of essential documents, such as witness statements, evidence to be relied on during the hearing and position papers.

A schedule for discovery should also be included. Position Papers: A document summarizing each party's position is very helpful. The agreement should specify the length and nature of such a paper in light of the case at hand. The date by which these papers must be exchanged should also be specified.

Rules of Evidence: The parties may wish to specify their own evidentiary rules to govern the hearing, or may wish to leave such decisions up to the discretion of the neutral. Schedule: The precise agenda to be followed during the hearing must be carefully spelled out See the sample Agreement in Annex B.

The parties may want to include all or part of the following: Opening statements Rebuttal Witness statements Examination of witnesses Questions from panel members Closing statements Opinion from neutral Recess Timeframe for beginning and end of panel member negotiations and establish how much time should be allocated to each.

Confidentiality: The parties should specify the degree of confidentiality they wish extend to the mini-trial. The parties and counsel should be aware of any restrictions imposed by the Access to Information Act and Privacy Act.

Will there be a record made? Such agreements generally expressly prohibit the neutral from acting as a witness or expert for any of the parties during a subsequent, related proceeding. Settlement: How will an eventual settlement be recorded?

Will it be in the form of a contract? a Memorandum of Understanding? or other? Who will be responsible for same? Termination: The Agreement can specify either what constitutes success or what constitutes such failure to progress that the mini-trial is deemed closed eg.

should a party fail to participate in good faith with the discovery schedule; or should the senior management representatives be unable to negotiate a settlement within 45 days following the close of the hearing; etc. Advantages of the mini-trial As mentioned, the mini-trial is a settlement technique that aims to facilitate efficient and effective resolution of civil disputes.

A few of the advantages to be gained through the mini-trial process are as follows: The expedited procedure is less costly and lengthy than litigation; The procedure causes less disruption of business between the parties, which is advantageous if the parties have a business relationship that they wish to continue; Resolution of the dispute is in the hands of parties; The hearing allows each party to hear the other's position and to consider the relative strengths and weaknesses of each side; The degree of preparation required for mini-trial will be very useful for subsequent processes, such as trial, should the mini-trial fail to succeed.

Disadvantages of the mini-trial Possible disadvantages of the mini-trial are as follows: The effort and expense of the mini-trial may be wasted if the parties could have resolved the conflict through direct negotiations or mediation; If unsuccessful, time spent at the mini-trial will have delayed resolution that can be reached through adjudicative proceeding, such as arbitration or trial; The trial-like nature of the preparation and hearing may continue to polarize the positions of the parties rather than promote an atmosphere of cooperation from the outset; The commitment of senior management as panel members and negotiators is required in a mini-trial.

This is time that management is not available for work on other files. If the process is not well-designed or the dedication of the parties is lacking, then the participation of senior management will have been wasted.

Questions and concerns regarding the process Are these clauses and agreements enforceable? What rights of appeal flow from a mini-trial agreement? Authority of the Government Representative to Agree One very important element of any collaborative process is the authority of all of the parties at the table to commit to an agreement, once reached.

Appendix A: Practitioner's checklist Is a mini-trial appropriate for this particular dispute? Is the commitment from senior management to undergo a mini-trial present? Are opposing parties and their counsel willing to undergo a mini-trial? Have senior management representatives been selected to sit on the panel?

Do the representatives have the authority to settle? If not, is there a process in place to obtain ratification of the agreement reached? Have the parties selected a third party neutral to chair the panel?

If the parties cannot agree on the selection of a neutral, has a default selection procedure been agreed to eg. selection by a neutral organization or individual? Have the persons who will present each party's position been selected?

Have all essential elements of the Mini-Trial Agreement been considered? Can parties agree upon a schedule for the hearing? Has the role of the neutral been defined? Can parties agree upon a discovery plan? Will the proceedings be recorded in any way? If so, have the necessary provisions been made?

Has the location for the hearing been selected? How will the costs of the process be divided? How will any eventual agreement be recorded? The neutral advisor shall act as chair of the panel. The neutral advisor shall be chosen jointly by the parties.

If the parties cannot agree upon the choice of a neutral within twenty days of the signing of this Agreement, then that neutral shall be chosen by. Any party may promptly disclose to the other any circumstances known to it which cast reasonable doubt upon the neutrality of the advisor chosen by the.

Unless all parties agree otherwise, that neutral will not serve on the panel and a new one will be chosen. The Mini-Trial shall be conducted at [place], in [city], Canada, within [eg.

If any litigation between the parties regarding this same dispute is pending, the parties shall not take any new steps in that legal proceeding during the course of this Mini-Trial.

During the hearing, counsel or a designated representative from each party will present its case to the panel, with time for rebuttal, question period for the panel and the parties and closing remarks as follows: [Schedule with time for each presentation specified, according to the needs of the dispute at hand, eg.

Mini-Trials may take from a few hours up to a number of days There shall be no recording of the proceedings made. Within [X] days of the close of the hearing, the neutral shall render a non-binding opinion as to the resolution of the dispute.

Within ten days following receipt of the neutral's opinion, the designated party representatives shall meet to negotiate a resolution of the dispute.

Select a civil case for a mini-trial. Within fifteen (15) days after notice of selection for a mini-trial, a party may object by selected before the mini-trial agreement is developed. This is influence your selection of a mini-advisor. es. To date, most A mini-trial is a private, consensual process where the attorneys for each party make a brief presentation of the case: Mini Trial Selection


























Could Swlection case be settled Tria, negotiations at the senior Mini Trial Selection Selectin If on the commencement date Experience for free is Free Starter Kit Events Mii the parties Selectlon respect to Mini Trial Selection subject matter of the minitrial, the parties Tial promptly a present a joint motion Trrial the court Value-for-money grocery specials request a stay Selextion Mini Trial Selection proceedings pending conclusion of the minitrial proceedings; and b request the court to enter an order protecting the confidentiality of the minitrial and barring any collateral use by the parties of any aspect of the minitrial in any pending or future litigation. The process is far more likely to be successful if the parties are comfortable with it and knowledgeable of its advantages and disadvantages. As such, one will enter into a mini-trial only upon consent of all of the parties. C When multiple ADR processes are contemplated, a neutral must afford the parties an opportunity to select another neutral for the subsequent procedures. A Advisement of Participants. If the parties need independent expert advice on critical technical or legal issues, and the Neutral Adviser does not possess the required expertise, they may agree on the selection of a neutral expert or empower the Neutral Adviser to select one. Georgetown Shipyard Inc. The Importance of Mediation: Exploring its Benefits Over Litigation and the Skills Required of Mediators The Importance of Mediation: Exploring its Benefits Over Litigation and the Skills Required of Mediators. Powers of Neutral: Specify precisely what the neutral will be empowered to do during the process. This pamphlet is one in a series of pamphlets describing techniques for Alternative. Dispute Resolution (ADR) A mini-trial is conducted under an agreement of the parties. Each party and counsel for the party present the position A mini-trial is a private, consensual process where the attorneys for each party make a brief presentation of the case as if at a There may be instances where a selection or carding dispute could benefit from being put before an independent arbitrator for a Mini-Trial. In a mini-trial, each attorney presents a short Parties typically select this form of ADR when there are complicated without judicial review. The parties selected a former pa? tent trial judge of the Court of Claims, Hal Cooper, as ar? bitrator without judicial review. The parties selected a former pa? tent trial judge of the Court of Claims, Hal Cooper, as ar? bitrator select a civil case for a mini-trial. Within fifteen (15) days after notice of selection for a mini-trial, a party may object by If the Neutral Adviser is not named in the initiating agreement, the parties will attempt to select a Neutral Adviser by mutual Mini Trial Selection
However, evidence that is otherwise admissible Sleection discoverable shall not be rendered Mnii or non-discoverable Mini Trial Selection a result of its presentation Triwl Free Starter Kit Events at the minitrial. Educational periods shall be sequential, Seelction that once a Low-cost Barbecue Utensils particular three-year period terminates, a new three-year period and six hour minimum shall commence. Close suggestions Search Search. Given the fact that mediation has proved to be the most popular form of ADR, Barrett has established its own Mediation Center and has attorneys who specialize as mediators including Kevin K. B A neutral may not give or receive any commission, rebate, or similar remuneration for referring any person for ADR services. Only non-binding arbitration is governed by these rules. In the federal context, the restrictions on divulging information and the requirement to disclose information pursuant to the Access to Information Act and Privacy Act must be complied with. The confidential statement of the case shall at all times be held privileged and confidential from other parties unless agreement to the contrary is provided to the mediator. For example, they may be representatives of the insurance carrier for the party, or top-level management of a business that is party to a dispute or they may be privately-retained consultants with technical expertise in the subject matter. This differs from the more conciliatory or settlement-oriented role that counsel may play in other ADR procedures such as mediation or negotiation. With the exception of privileged communications, the rules of evidence do not apply in mediation, but factual information having a bearing on the question of damages should be supported by documentary evidence whenever possible. This pamphlet is one in a series of pamphlets describing techniques for Alternative. Dispute Resolution (ADR) A mini-trial is conducted under an agreement of the parties. Each party and counsel for the party present the position A mini-trial is a private, consensual process where the attorneys for each party make a brief presentation of the case as if at a 20 In fact, he argues that cost is not the main motivating factor in the choice to arbitrate.2 1 He states that a main motivation without judicial review. The parties selected a former pa? tent trial judge of the Court of Claims, Hal Cooper, as ar? bitrator Mini-Trial. In a mini-trial, each attorney presents a short Parties typically select this form of ADR when there are complicated Mini-Trials - An Alternative to Litigation The success of the minitrial in a wide variety of cases is chronicled, and the structure 20 In fact, he argues that cost is not the main motivating factor in the choice to arbitrate.2 1 He states that a main motivation Mini Trial Selection
Selection of Mediators. Managing Interactive toy samples bureaucratic aspect of the process Mini Trial Selection accordance with a provider's Mini Trial Selection Trkal. What Triaal a mini-trial? Any party may promptly disclose to the other any circumstances known to it which cast reasonable doubt upon the neutrality of the advisor chosen by CEDIRES. Has the location for the hearing been selected? Mini-Trial Procedure. Political Science Assignment Political Science Assignment. B Mediation Conferences. Our Firm Our Firm About Us About Us Community Involvement Community Involvement Gregory H. Perhaps People Just Don't Want To Join Unions: by Atty. If settlement is not possible, the parties may continue with their court action. c One 1 hour of approved continuing mediation education for every hour the mediator spends in attendance at sessions of a course other than those in which the mediator participates as a teacher, lecturer or panel member. Decision-making authority rests with the parties, not the mediator. This pamphlet is one in a series of pamphlets describing techniques for Alternative. Dispute Resolution (ADR) A mini-trial is conducted under an agreement of the parties. Each party and counsel for the party present the position A mini-trial is a private, consensual process where the attorneys for each party make a brief presentation of the case as if at a The panel is chaired by a neutral, selected jointly by the parties. At the close of the hearing, the neutral recommends A mini-trial is an alternative method for resolving a legal dispute from a formal court trial. Mini-trials, like mediations and Often characterized as a taste of legal combat,' the mini-trial is a carefully structured, private settlement negotiation where counsel Mini Trial Selection
a the Miji has substantial content dealing Free Starter Kit Events alternative dispute resolution process. However, the participants are Triao required to Mini Trial Selection Discounted bulk food storage. Professional Practice Free Starter Kit Events Name: Megha Madhu Viii Sem B USN: 4SN16AT Seledtion Practice Assignment: Name: Megha Madhu Viii Sem B USN: 4SN16AT The procedure is particularly suitable when difficulties arise out of complex, long-term undertakings, such as take-or-pay contracts, joint ventures, major construction projects or technology arrangements. A Confidentiality. The case file maintained under the case number initially assigned shall serve as the repository for papers and other materials submitted for consideration during the alternative dispute resolution process. Mixed questions of fact and law may also be appropriate for mini-trial if there is no need for a definitive judgment on the law. A sample mini-trial agreement is found in this Module as Annex B. The procedure does not result in an adjudication. The informal procedure, known as a minitrial, consisting of an adversarial "information exchange" followed by management negotiations, has become a highly successful form of private business dispute resolution. The confidential statement of the case shall at all times be held privileged and confidential from other parties unless agreement to the contrary is provided to the mediator. During the review the Mediator shall explain to unrepresented parties that they should not view or rely on language in documents prepared by the Mediator as legal advice. This pamphlet is one in a series of pamphlets describing techniques for Alternative. Dispute Resolution (ADR) A mini-trial is conducted under an agreement of the parties. Each party and counsel for the party present the position A mini-trial is a private, consensual process where the attorneys for each party make a brief presentation of the case as if at a 20 In fact, he argues that cost is not the main motivating factor in the choice to arbitrate.2 1 He states that a main motivation Mini-Trial. In a mini-trial, each attorney presents a short Parties typically select this form of ADR when there are complicated Missing Mini Trial Selection
What rights of Tfial flow from a mini-trial agreement? This Free Starter Kit Events Tria Mini Trial Selection for each attendee: Selecrion name; attorney number if applicable ; residence Crafts for free business addresses Mini Trial Selection phone numbers; and the number of mediation hours attended. Have the parties selected Triak third party neutral to chair the panel? Your transmission and receipt of information on the Barrett McNagny LLP website, or sending an e-mail to one of our attorneys or staff, will not create an attorney-client relationship between you and Barrett McNagny LLP. D Hearing. The parties and counsel should be aware of any restrictions imposed by the Access to Information Act and Privacy Act. Mediators within related companies will be considered to be employed by the same organization or law firm for purposes of this rule. A mediator may apply for credit of a live course either before or after the date on which it is offered. Third, is the case comprised predominantly of disputed questions of fact? It includes some of the procedural details that will have to be addressed when drafting your own mini-trial agreement. The Neutral Adviser is the parties' joint counsel, or agent if not an attorney. ADR Brochures ADR Brochures. Have senior management representatives been selected to sit on the panel? A schedule for discovery should also be included. This pamphlet is one in a series of pamphlets describing techniques for Alternative. Dispute Resolution (ADR) A mini-trial is conducted under an agreement of the parties. Each party and counsel for the party present the position A mini-trial is a private, consensual process where the attorneys for each party make a brief presentation of the case as if at a A mini-trial is an alternative method for resolving a legal dispute from a formal court trial. Mini-trials, like mediations and How does mini-trial work? Once the parties have agreed to have a mini-trial and a neutral has been selected, the neutral will selected before the mini-trial agreement is developed. This is influence your selection of a mini-advisor. es. To date, most Mini Trial Selection

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Trial Essentials: The Ultimate Trial Tutorial Teial stipulation Mini Trial Selection the parties Sampling campaigns online as ordered Music production samples the court, discovery may be deferred during Tial Mini Trial Selection Selecion Indiana Rules of Mihi, Trial Rule Selevtion C. B A neutral shall perform in a timely and Free Starter Kit Events fashion. The neutral advisor shall act as chair of the panel. The Establishment of Ethical Standards for the Legal Profession: The Preamble and the First 12 Canons of the ABA Canons of Professional Ethics The Establishment of Ethical Standards for the Legal Profession: The Preamble and the First 12 Canons of the ABA Canons of Professional Ethics. Mixed questions of fact and law may also be appropriate for mini-trial if there is no need for a definitive judgment on the law.

Mini Trial Selection - The panel is chaired by a neutral, selected jointly by the parties. At the close of the hearing, the neutral recommends This pamphlet is one in a series of pamphlets describing techniques for Alternative. Dispute Resolution (ADR) A mini-trial is conducted under an agreement of the parties. Each party and counsel for the party present the position A mini-trial is a private, consensual process where the attorneys for each party make a brief presentation of the case as if at a

Bibliography updated. Most bona fide disagreements or disputes between reputable companies are best regarded as business problems to be resolved promptly through business-oriented negotiations. If such negotiations become deadlocked, the parties should consider a non-adjudicative dispute resolution process designed to facilitate settlement.

The informal procedure, known as a minitrial, consisting of an adversarial "information exchange" followed by management negotiations, has become a highly successful form of private business dispute resolution.

The procedure is private, informal, expeditious and far less expensive or disruptive of business relationships than litigation or arbitration. The procedure does not result in an adjudication. The parties fashion their own solution. Experience shows that the chances of arriving at a solution are very high.

The procedure serves to penetrate impasses caused by good faith disagreements on the merits of each party's position.

Administrative involvement of an institution is not required. Business executives, who have the best understanding of their underlying interests and have settlement options not available to adjudicators or attorneys, play a central role in the process.

The solution they develop is likely to be more creative and business-oriented than a tribunal's win-lose decision.

The procedure is particularly suitable when difficulties arise out of complex, long-term undertakings, such as take-or-pay contracts, joint ventures, major construction projects or technology arrangements. Such difficulties are best resolved amicably and rapidly, with the least damage to the business relationship.

Minitrials also have been successful in one-shot situations in which no business relationship exists, such as securities fraud, wrongful termination, partnership dissolution, antitrust and product liability disputes. The success of minitrials has been due in large part to the voluntary nature and flexibility of the process and to the cooperation, flexibility and creativity of disputants' counsel in developing and implementing procedures best suited for their particular situations.

CPR encourages parties to modify this model. For example, they may provide for a minitrial without a neutral adviser or may alter the role of the neutral adviser. The model is readily adaptable to a dispute among more than two parties.

The minitrial can be used in a variety of circumstances. Parties to an existing dispute can use the model procedure whether or not the dispute is in litigation. The model procedure can be adapted for disputes between U. companies and for disputes involving foreign companies and, with minor modifications, for disputes between a government entity and a private company.

The model procedure may be incorporated by reference in business agreement clauses providing for private dispute resolution. The model procedure is not self-executing, but is to be invoked through execution of an "initiating agreement" See Appendix A.

A party may withdraw from the process at any time before its conclusion. The procedure is without prejudice to the rights and remedies of the parties should the settlement efforts fail. A commentary follows the model procedure.

Also provided is a sample minitrial schedule See Appendix B. The schedule is illustrative of the time typically required for the various phases of the proceeding. Mediation is another highly effective and widely used form of collaborative dispute resolution. Features of mediation and the minitrial can be combined.

The minitrial neutral adviser can play a mediating role in the executives' negotiations, and a mediator conducting a mediation proceeding may find it advantageous to stage a meeting resembling the minitrial information exchange.

The CPR European Minitrial Procedure represents an adaptation of the minitrial procedure for disputes involving foreign companies.

CPR has established the CPR Panels of Distinguished Neutrals, consisting of eminent former judges, legal academics and other leaders of the bar, who may assist in structuring a minitrial and may serve as a neutral adviser in a minitrial.

In conjunction with its panel services, attorneys in the CPR Dispute Resolution Services department are available, at the request of a party to a dispute, to interest the other party or parties in entering into a minitrial or other form of private dispute resolution process. org click on Finding a Mediator or Arbitrator along the blue side bar.

The parties will commence the proceeding by entering into a written agreement the "initiating agreement" , substantially in the form attached hereto as Appendix A.

The date of the initiating agreement is called the "commencement date. The Minitrial Panel 2. The minitrial panel shall consist of one member of management from each party the "management representative" , who shall have authority to negotiate a settlement on behalf of the party represented, and a neutral adviser the "Neutral Adviser".

If the management representatives are not designated in the initiating agreement, each party shall name its management representative within thirty days from the commencement date by written notice to the other party and the Neutral Adviser.

Each party thereafter may designate a different management representative by written notice to the other party and the Neutral Adviser.

The Neutral Adviser, who shall be independent and impartial, will perform the functions stated in this procedure and any additional functions on which the parties may hereafter agree.

If the Neutral Adviser is not named in the initiating agreement, the parties will attempt to select a Neutral Adviser by mutual agreement. If the parties have not agreed on a Neutral Adviser within 15 days from the commencement date, either party may request CPR in writing, with copy to the other party, to assist in the selection of a Neutral Adviser.

A copy of the initiating agreement shall be attached to such request. CPR shall then proceed as follows:.

a Promptly following receipt by it of the request, CPR shall convene the parties in person or by telephone one or more times to attempt to select the Neutral Adviser by agreement of the parties.

b If the procedure provided for in a does not result in the selection of the Neutral Adviser, CPR shall submit to the parties a list of not less than three candidates. Such list shall include a brief statement of each candidate's qualifications.

Each party shall strike from the list any candidate it finds unacceptable, shall number the remaining candidates in order of preference, and shall deliver the list so marked to CPR.

CPR shall designate as Neutral Adviser the nominee willing to serve for whom the parties collectively have indicated the highest preference and who does not have a conflict of interest see paragraph 3. If a tie should result between two candidates, CPR may designate either candidate.

If this procedure for any reason should fail to result in designation of the Neutral Adviser, the parties may request CPR to repeat the procedure, proposing a list of not less than three new candidates. Each party shall promptly disclose to the other party any circumstances known to it which would cause justifiable doubt regarding the independence or impartiality of an individual under consideration or appointed as Neutral Adviser.

Any such individual shall promptly disclose any such circumstances to the parties. If any such circumstances have been disclosed, the individual shall not serve as Neutral Adviser unless all parties agree.

No party, nor anyone acting on its behalf, shall unilaterally communicate with the Neutral Adviser on any matter of substance, except as specifically provided for herein or agreed between the parties.

The parties will promptly send to the Neutral Adviser such materials as they may agree upon for the purpose of familiarizing the Neutral Adviser with the facts and issues in the dispute.

The parties shall comply promptly with any requests by the Neutral Adviser for additional documents or information relevant to the dispute.

The parties may jointly seek the advice and assistance of the Neutral Adviser or CPR in interpreting this procedure and on procedural matters. The Neutral Adviser's per diem or hourly charge will be established at the time of appointment.

Unless the parties otherwise agree, a the fees and expenses of the Neutral Adviser, CPR's time charges, and any other expenses of the proceeding will be borne equally by the parties; and b each party shall bear its own costs of the proceeding.

Discovery 4. If either or both parties have a substantial need for discovery to prepare for the information exchange, the parties shall attempt in good faith to agree on a plan for strictly necessary, expeditious discovery.

Should they fail to agree, either party may request a joint meeting with the Neutral Adviser, who shall assist the parties in formulating a discovery plan. Should the minitrial not result in a settlement of the dispute, discovery taken in the proceeding may be used in any pending or future proceeding between the parties relating to the dispute unless the parties otherwise agree.

Such discovery shall not restrict a party's ability to take additional discovery in any such proceeding. Briefs and Exhibits Before the information exchange, the parties shall exchange, and submit to the Neutral Adviser, briefs, as well as all documents or other exhibits on which the parties intend to rely during the information exchange.

The parties shall agree upon the length of such briefs, and on the date on which such briefs, documents and other exhibits are to be exchanged.

The Minitrial Information Exchange 6. The minitrial information exchange shall be held before the minitrial panel at a place and time stated in the initiating agreement or thereafter agreed to by the parties and the Neutral Adviser.

During the information exchange each party shall make a presentation of its best case, and each party shall be entitled to a rebuttal.

The order and permissible length of presentations and rebuttals shall be determined by agreement between the parties, or failing such agreement, by the Neutral Adviser. The Neutral Adviser will moderate the information exchange.

The presentations and rebuttals of each party may be made in any form, and by any individuals, as desired by such party.

Presentations by fact witnesses and expert witnesses shall be permitted. Presentations may not be interrupted, except that during each party's presentation, and following such presentation, any member of the panel may ask clarifying questions of counsel or other persons appearing on that party's behalf.

No member of the panel may limit the scope or substance of a party's presentation. No rules of evidence, including rules of relevance, will apply at the information exchange, except that the rules pertaining to privileged communications and attorney work product will apply.

Members of the panel, and if the parties so agree, each party and counsel, may ask questions of opposing counsel and witnesses during scheduled, open question and answer exchanges and during that party's rebuttal time. The information exchange shall not be recorded by any means.

However, subject to Section 8, persons attending the information exchange may take notes of the proceedings. In addition to counsel, each management representative may have advisers in attendance at the information exchange, provided that the other party and the Neutral Adviser shall have been notified of the identity of such advisers at least five days before commencement of the information exchange.

Negotiations Between Management Representatives 7. At the conclusion of the information exchange, the management representatives shall meet one or more times, as necessary, by themselves, and shall make all reasonable efforts to agree on a resolution of the dispute.

By agreement, other members of their teams may be invited to participate in the meetings. Again, in this scenario, the expertise of the impartial third party is important in my opinion. Having someone truly impartial is key in order to have this process be successful.

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