An overview of the principles and procedures of developing ADR processes: mini trial, Summary trial and Early neutral Evaluation
AN OVERVIEW OF THE PRINCIPLES AND PROCEDURE
OF
DEVELOPING ADR PROCESSES:
MINI-TRIALS, SUMMARY TRIAL AND EARLY NEUTRAL EVALUATION
PRESENTED BY:
OBOH, OWOCHE G
AUGUST 2014.
HIGHLIGHTS:
A perspective on developing ADR Processes
Mini-trials: Concept, Principles, Procedure, and Concerns
Summary Jury trial: Concept, Principles, Procedure, and Concerns
Early Neutral Evaluation: Concept, Principles, Procedure, and Concerns
Comparative distinctions
Conclusion
A PERSPECTIVE ON DEVELOPING ADR PROCESSES
ADR which is primarily concerned with taking the attention of parties from the doors of the court-room has evolved over the years from the widely-known mediation, negotiation, conciliation and arbitration. ADR processes have developed over the years. The inherent flexibilities in the system have led to a combination of processes to suit the nature of the dispute. These developing forms are referred to by many authors as hybrid resolution mechanisms. The most common processes are the mediation/arbitration or arbitration/mediation, mini-trial, summary jury trial and the early neutral evaluation (ENE), case management, renting a judge etcetera which is obtainable in the various jurisdictions around the world.
This Paper shall attempt an overview of three of these developing mechanisms; focusing on Mini-trial, Summary Jury trial and Early Neutral Evaluation.
MINI TRIAL: CONCEPT, PRINCIPLES, PROCEDURE, AND CONCERNS
CONCEPT
Mini trial is a dispute resolution process that consists of presentations by the parties to a panel of persons selected and authorized by all of the parties to negotiate a settlement of the dispute that, after the presentations, consider the legal and factual issues and attempt to negotiate a settlement. Mini trials may include a neutral advisor with relevant expertise to facilitate the process, who may express opinions on the issues.1 It is a means for the parties to hear the other side's point of view and
OF
DEVELOPING ADR PROCESSES:
MINI-TRIALS, SUMMARY TRIAL AND EARLY NEUTRAL EVALUATION
PRESENTED BY:
OBOH, OWOCHE G
AUGUST 2014.
HIGHLIGHTS:
A perspective on developing ADR Processes
Mini-trials: Concept, Principles, Procedure, and Concerns
Summary Jury trial: Concept, Principles, Procedure, and Concerns
Early Neutral Evaluation: Concept, Principles, Procedure, and Concerns
Comparative distinctions
Conclusion
A PERSPECTIVE ON DEVELOPING ADR PROCESSES
ADR which is primarily concerned with taking the attention of parties from the doors of the court-room has evolved over the years from the widely-known mediation, negotiation, conciliation and arbitration. ADR processes have developed over the years. The inherent flexibilities in the system have led to a combination of processes to suit the nature of the dispute. These developing forms are referred to by many authors as hybrid resolution mechanisms. The most common processes are the mediation/arbitration or arbitration/mediation, mini-trial, summary jury trial and the early neutral evaluation (ENE), case management, renting a judge etcetera which is obtainable in the various jurisdictions around the world.
This Paper shall attempt an overview of three of these developing mechanisms; focusing on Mini-trial, Summary Jury trial and Early Neutral Evaluation.
MINI TRIAL: CONCEPT, PRINCIPLES, PROCEDURE, AND CONCERNS
CONCEPT
Mini trial is a dispute resolution process that consists of presentations by the parties to a panel of persons selected and authorized by all of the parties to negotiate a settlement of the dispute that, after the presentations, consider the legal and factual issues and attempt to negotiate a settlement. Mini trials may include a neutral advisor with relevant expertise to facilitate the process, who may express opinions on the issues.1 It is a means for the parties to hear the other side's point of view and