by Mike Dover

Created on: July 11, 2011   Last Updated: July 12, 2011

Mediation and mini-trial are 2 forms of alternative dispute resolution (ADR). ADR is the use of alternative procedures to resolve disputes without the necessity of a court trial. The US federal courts and most state courts utilize ADR procedures to assist parties in settling their disputes without judicial intervention. 

What is mediation? 

Mediation is an ADR procedure in which a third party neutral assists the parties to a dispute in negotiating an agreed settlement to the dispute without necessity of a court trial. Mediation may be court ordered or may be done by agreement of the parties. In court ordered mediation, the court appoints a neutral third party to act as a mediator between the parties. In an agreed mediation, the parties will generally select a mutually acceptable mediator. In either case, the mediator’s role is to facilitate negotiations between the parties. The mediator does not render a decision in a case. 

How does mediation work? 

Once a mediator has been selected, either by court appointment or agreement of the parties, the mediator will usually contact the parties to set a mutually agreeable time and location for the mediation session. At the mediation session, the parties and their respective attorneys appear. Each side usually makes a brief presentation of their case to the mediator and the other side. The mediator then usually separates the parties and shuttles between the parties to conduct negotiations. The mediator tries to help the parties find common ground which can form the basis for a negotiated settlement. If the parties reach a negotiated settlement, then they will prepare a written settlement agreement that is binding upon the parties. If they do not reach a negotiated settlement, then the case will go back to the court for trial. Mediation is confidential and neither side may call the mediator to testify at trial.

What is mini-trial? 

Mini-trial is an ADR procedure in which a neutral third party assists the parties in evaluating the relative strengths and weaknesses of their respective cases. Mini-trials are usually conducted by agreement of the parties. Retired or former judges frequently serve as neutrals for mini-trials. Mini-trials are frequently used as a means for corporate executives to understand and evaluate the issues involved in a dispute and each party’s respective position on those issues. 

How does mini-trial work? 

Once the parties have agreed

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