Summary/Mini Trial
A summary/mini trial is a dispute resolution process that combines elements of traditional litigation and alternative dispute resolution methods. It is an informal and abbreviated version of a trial that allows the parties to present their cases to a neutral evaluator, The purpose of a summary/mini trial is to help the parties understand the strengths and weaknesses of their respective positions, facilitate settlement negotiations, and potentially reach a resolution without going through a full trial.
The parties present a condensed version of their case to the neutral evaluator. This usually involves presenting key evidence, witness testimony, and legal arguments to establish their position and support their claims. This process is typically quicker and less expensive compared to a full trial, as it involves a condensed presentation of evidence and arguments.
The neutral evaluator listens to the presentations of both sides and evaluates the merits of the case. They provide feedback, insights, and an assessment of the strengths and weaknesses of each party's position. Following the presentations and the evaluator's assessment, the parties engage in settlement negotiations. The goal is to use the evaluator's assessment as a basis for reaching a mutually agreeable resolution. The parties may negotiate based on the evaluator's feedback and explore potential compromises.
If the parties reach a settlement during the summary/mini trial process, they can formalize the terms in a settlement agreement. If a settlement is not reached, the parties may proceed with additional alternative dispute resolution methods or prepare for a traditional trial. The summary/mini trial process is designed to encourage settlement negotiations, providing a structured framework for parties to explore potential resolutions.
Summary trials offer a chance for counsel to put their case before an experienced decision-maker via oral or written presentation and receive a decision quickly. Whether made binding by agreement of the parties or not, such a summary proceeding can be vital in resolving cases that turn on fact-bound issues or credibility determinations.