Mini-Trials
1. What is a mini-trial?
A mini-trial can be thought of as a "dress rehearsal" for a trial or arbitration hearing. It involves counsel for the parties presenting shortened versions of their case to the opposing parties as well as the presiding neutral. The idea is for key decision-makers to get a taste of how things might go if the matter went to trial. The presiding neutral may be asked to give a non-binding "decision" or, in some cases, to mediate negotiations among the parties.
2. Why would anyone do this?
In my experience, parties choose this method only when there is a great deal at stake in the dispute, or when one or more counsel feel that their clients are not taking their evaluation of the case seriously enough.
3. What about cost?
Mini-trial is usually a costly process. In addition to the fees for the lawyers and the neutral, senior decision-makers from all sides must be present, as well as witnesses, etc. It usually makes sense only when really enormous future costs may be saved by doing it. |
