Dispute
Resolution Alternatives
Mediation
is an informal meeting conducted
by a neutral third person called a mediator.
The mediator helps the parties reach a
mutually agreeable solution to the issues of
the dispute. Mediation establishes a
combat-free setting where, with the aid of a
skilled neutral mediator, you explore
options and make your own decision about
your case. Mediation reduces the anger, pain
and confusion which accompanies conflicts.
Mediation facilitates agreements between
disputing people. Mediation is required by
many courts prior to Temporary Orders
hearings and the final trial. Mediation is
also an ALTERNATIVE way to handle a dispute.
Mediation is the most often used ADR procedure.
The informality of mediation allows the parties
to address grievances, and issues that may be
appropriate or time consuming in a courtroom.
Parties can prepare steps to deal with future
conflicts about the same or similar issues.
Moderated
Settlement
Conference
is a non-binding case evaluation by a
neutral panel of attorneys. Each party's
attorney will make a summary presentation
and answer questions from the panel. The
panel then gives an evaluation on the
strengths and weaknesses of each party's
case. The parties do not directly
participate in the presentation. They get to
hear the arguments and the evaluation.
Sometimes the evaluation leads to other ADR
procedures or negotiations.
Mini-Trial.
Corporations or government agencies normally
use the mini-trial
totest their case presentations and
rebuttals. Attorneys and representatives of
the business or government entity (with
authority to negotiate and resolve the
dispute) attend. The third party neutral is
usually an expert in the specific legal
issues or subject matter of the dispute. The
mini-trial follows a format similar to an
arbitration, or moderated settlement
conference. The third party may act as an
advisor to the parties as they negotiate.
Any recommendation or advisory opinion
provided by the third party is non-binding
on the parties.
Summary
Jury Trial
is a non-binding case evaluation by an
impartial jury of the party's peers. The
court, or another judge conducts the
proceedings using limited procedures in
selecting a jury and the presentation of
evidence. This is a non-binding case
evaluation by the party's peers.
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