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Mini Trial Distinct from any other ADR method, a Mini-Trial involves the top decision makers of the corporations having a dispute by engaging them in the presentation of their respective cases and the subsequent negotiating process.

The independent counsellor acting as President of the Panel must be a licensed practicing attorney, and his functions are limited to: Managing the bureaucratic aspect of the process in accordance with a provider's Mini-Trial procedures; Issuing a report based on the argument of counsel for the parties, which details the likely outcome of the controversy in a court of law in his own professional opinion; Engaging the acting executives in a settlement negotiation based on the offers for settlement previously advanced by each executive to the other; Assisting the executives in their negotiating process.

The process Both parties present their respective arguments in writing at a time set by the neutral to do so. How does mini-trial work? Difference between mediation and mini-trial The major difference between mediation and mini-trial is that a mediator only facilitates negotiations between the parties.

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The mini-trial is an entirely voluntary process. As such, one will enter into a mini-trial only upon consent of all of the parties. If negotiations fail to result in a resolution, then parties are free to proceed to another method of settlement.

A hybrid process, the judicial mini-trial, is also used at the provincial level. A judicial mini-trial shares most of the characteristics of the private mini-trial with a few obvious modifications.

First, it is suggested to the parties by a judge during the litigation process. If parties and their counsel consent, counsel will present each side's case in an expedited hearing to the judge who renders a non-binding opinion regarding how the dispute should be resolved.

Parties then attempt to negotiate a settlement based upon that opinion. If settlement is not possible, the parties may continue with their court action. The judge who conducts the mini-trial will not sit as the trial judge and will keep his or her opinion of the case confidential.

Judicial mini-trials are currently used in Alberta [1] and in British Columbia [2]. Before discussing the possibility of mini-trial with other parties, one must first ensure that one's own internal management and key personnel are amenable to the process.

This begs the question, when is a mini-trial appropriate for the federal government? First, as one must ask with all ADR procedures, does the dispute involve matters of public law, policy or legal precedent for which a final disposition from the court is required?

If so, then a mini-trial is inappropriate. Second, do the parties wish to retain control over the dispute resolution process?

If the parties want a greater degree of involvement and control over the outcome than is typically allowed in an adjudicative process, such as arbitration, then a mini-trial is an option. Third, is the dispute substantial enough to justify the effort and expense required for a mini-trial?

Although the mini-trial is indeed faster and less expensive than litigation, it nevertheless entails a significant amount of preparation and cost.

Have the parties first attempted to settle the dispute through face-to-face negotiations? Could this case be settled though negotiations at the senior management level? If so, then the cost of a mini-trial can be avoided.

Fourth, is the case comprised predominantly of disputed questions of fact? Questions of fact are always more amenable to consensual resolution processes than questions of law. Mixed questions of fact and law may also be appropriate for mini-trial if there is no need for a definitive judgment on the law.

It is better if the legal rules concerned are relatively clear so that a resolution of the disputed facts may clarify the legal outcome.

Fifth, do the parties have a business relationship that they wish to maintain? The relative speed of this process and the cooperation required of the parties make it a useful tool in preserving a working relationship.

Sixth, are there numerous parties to the dispute? The formal structure of the mini-trial is a positive influence in multi-party conflicts. Once it has been determined that a mini-trial is appropriate, one must obtain the concurrence of the other party ies.

In general, a mini-trial is introduced later in the life of a dispute than other ADR processes, even after the commencement of legal proceedings. Nevertheless, since one of the primary benefits of the mini-trial is to save time and expense, it is best to initiate the process before a significant amount of the legal costs have been incurred.

Generally, it is legal counsel who suggests the use of the mini-trial. One obstacle to initiating the process is the familiarity of the parties and counsel with the mini-trial.

Obviously, parties will only agree to the process if they are satisfied that it is a fair and workable procedure. If the client or opposing party ies are uncertain, one could provide them with advice or literature on the benefits of the mini-trial.

The process is far more likely to be successful if the parties are comfortable with it and knowledgeable of its advantages and disadvantages. In addition to client personnel who have been involved in the dispute and will assist counsel in preparing for the mini-trial, a representative of senior management must be selected who will sit on the panel with the neutral to hear each party's submission.

This representative will also be responsible for negotiating a resolution with the other party representatives following the hearing. Although one can conduct a mini-trial without the assistance of a neutral, the process is greatly enhanced by having the neutral present.

The neutral may:. The powers that the neutral exercises in any given mini-trial are determined by the parties and expressly laid out in the Mini-Trial Agreement. The nature of the role that the parties wish the neutral to play eg. non-binding arbiter, mediator, technical expert?

will help determine where the parties want to look to select this key participant. The parties should clarify between themselves what this role will be before commencing the selection process. The Agreement specifies the rules and procedure which will govern the mini-trial.

Drafting the Agreement is obviously a critical step in the process, one which should be attended to carefully as it will influence the success of the process.

One of the primary advantages of counsel and clients' role in crafting the Agreement is its resulting flexibility. Each element of the procedure may be structured by the parties to best fit the dispute at hand.

Counsel and party representatives should all participate in drafting the mini-trial agreement. The neutral may also lend important process assistance and may be given the authority by the parties to make a decision on any disputed procedural step.

An experienced neutral may also be able to advise parties and counsel on what types of procedural choices work best. A sample mini-trial agreement is found in this Module as Annex B.

It includes some of the procedural details that will have to be addressed when drafting your own mini-trial agreement. The role of counsel in a mini-trial is not unlike that during litigation. In general, counsel will prepare their client's case, handle discovery and the development of witness statements and position papers to be exchanged, and make an abbreviated presentation of the case before the panel.

Unlike litigation, counsel also plays a fundamental role in drafting the Mini-Trial Agreement. Counsel generally plays the role of advocate during the mini-trial.

This differs from the more conciliatory or settlement-oriented role that counsel may play in other ADR procedures such as mediation or negotiation. In the mini-trial, it is the client representative who will be responsible for negotiating a settlement. As mentioned, the mini-trial is a settlement technique that aims to facilitate efficient and effective resolution of civil disputes.

A few of the advantages to be gained through the mini-trial process are as follows:. While arbitration clauses are now generally enforceable under provincial and federal arbitration acts eg. Commercial Arbitration Act as well as under case law, other methods are not governed by legislation.

The courts, however, may be willing to uphold ADR agreements, first as a contractual obligation; second by likening the ADR agreement to an agreement to arbitrate, the latter being specifically enforceable; and third in recognition of the fact that public policy favours alternatives to litigation where these alternatives serve the interest of the parties and of judicial administration.

Under the doctrine established in Scott vs. Avery 10 All E. A party's success in enforcing the use of the mini-trial clause may well be improved by the addition of an express provision that no legal action may be brought until the mini-trial has been attempted in good faith.

Note that one cannot compel a party to actually resolve a dispute through the mini-trial process. Because the mini-trial is consensual in nature, there is no right of appeal. It is obvious that a party cannot appeal from a settlement that the party itself willingly entered.

If that willingness or knowledge of a party is in question, or if a problem arises as to the implementation of the agreement, then recourse lies with the court, not as a matter of appeal but as a question of first instance under contract law.

One very important element of any collaborative process is the authority of all of the parties at the table to commit to an agreement, once reached. In the context of a mini-trial, this authority is required at the negotiating stage which follows the panel hearing.

With many corporate parties, there may well be instances where an agreement reached during the creative process of negotiation is beyond the scope of the party's current mandate and the party is required to give but conditional consent pending ratification from the decision-making body of that party.

The key in such a situation is to obtain that consent as quickly as possible so that the agreement that the parties worked so hard to craft does not fail for lack of momentum or commitment from the party requiring authorization.

With the government as a party, however, agreement is often conditional. The government has a responsibility to represent a broader public interest and to ensure that statutory and policy requirements are met.

For this reason, the government representative at the mini-trial may not be the ultimate decision-maker, depending on the circumstances of the case.

This should not be taken as evidence of any lack of commitment to the process on the government's behalf, but rather an inevitable result of accountability obligations of a public entity.

What one is left with then is the need for a rapid and definite procedure by which the government representative and any other representative needing formal party approval will seek ratification of the negotiated agreement from the appropriate decision-maker.

This procedure can be set forth in the Mini-Trial Agreement. The parties shall equally bear the costs of the neutral advisor and any common administrative expenses. The parties are solely responsible for the costs of their own counsel and case preparation.

Mini-Trials may take from a few hours up to a number of days. You will not receive a reply. For enquiries, please contact us. Dispute Resolution Reference Guide Previous Page Table of Contents Next Page The Mini-trial Dispute Resolution Series Practice Module 3 Produced by Dispute Prevention and Resolution Services Department of Justice, Canada I.

What is a mini-trial The mini-trial is in essence a structured negotiated settlement technique. Among other things, the neutral may be empowered to: set the timetable for the hearing if the parties are unable to agree; act as chairperson to ensure that the parties adhere to the schedule; rule on disputed discovery or evidentiary matters; question witnesses or party representatives; caucus with parties individually where necessary; issue a non-binding, written opinion.

Characteristics of a mini-trial A Mini-Trial is: Voluntary: Parties must expressly agree to attempt settlement through the mini-trial process. The agreement to undergo a mini-trial is generally set out in writing. Private: Despite its name, the mini-trial is a non-judicial, expedited procedure generally used in the commercial context.

A panel, comprised of a senior executive from each party and one neutral, selected jointly by the parties, hears submissions from each side.

Informal: There are no fixed procedural or evidentiary rules governing the process. Rather, the parties agree to a hearing schedule and decide upon a set of governing rules concerning discovery, evidence and witnesses.

These rules are set out in the mini-trial agreement. Assisted: Following each party's presentation, the neutral panel chair issues a recommended, non-binding solution.

The party representatives from the panel and their chosen advisors then attempt to negotiate a settlement based upon that recommendation. The neutral may be invited to serve as mediator or facilitator during those negotiations.

Consensual: Generally, there is no obligation to settle during the mini-trial, nor is the opinion of the neutral binding.

This pamphlet is one in a series of pamphlets describing techniques for Alternative. Dispute Resolution (ADR) A mini-trial is conducted under an agreement of the parties. Each party and counsel for the party present the position A mini-trial is a private, consensual process where the attorneys for each party make a brief presentation of the case as if at a

Mini Trial Selection - The panel is chaired by a neutral, selected jointly by the parties. At the close of the hearing, the neutral recommends This pamphlet is one in a series of pamphlets describing techniques for Alternative. Dispute Resolution (ADR) A mini-trial is conducted under an agreement of the parties. Each party and counsel for the party present the position A mini-trial is a private, consensual process where the attorneys for each party make a brief presentation of the case as if at a

Having someone truly impartial is key in order to have this process be successful. About Our Firm. Contact Us. Our Firm Our Firm About Us About Us Community Involvement Community Involvement Gregory H. Herrman Gregory H. Herrman David E. Worth, TX Ft.

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Live Chat En Español Join Our Team It is obvious that a party cannot appeal from a settlement that the party itself willingly entered. If that willingness or knowledge of a party is in question, or if a problem arises as to the implementation of the agreement, then recourse lies with the court, not as a matter of appeal but as a question of first instance under contract law.

One very important element of any collaborative process is the authority of all of the parties at the table to commit to an agreement, once reached. In the context of a mini-trial, this authority is required at the negotiating stage which follows the panel hearing.

The key in such a situation is to obtain that consent as quickly as possible so that the agreement that the parties worked so hard to craft does not fail for lack of momentum or commitment from the party requiring authorization.

What one is left with then is the need for a rapid and definite procedure by which the representative needing formal party approval, will seek ratification of the negotiated agreement from the appropriate decision-maker.

This procedure can be set forth in the Mini-Trial Agreement. Do the representatives have the authority to settle? If not, is there a process in place to obtain ratification of the agreement reached?

If the parties cannot agree on the selection of a neutral, has a default selection procedure been agreed to e. selection by a neutral organization or individual? Whereas Party A and Party B are parties to a contract dated and identified as The neutral advisor shall act as chair of the panel.

The neutral advisor shall be appointed by CEDIRES. Any party may promptly disclose to the other any circumstances known to it which cast reasonable doubt upon the neutrality of the advisor chosen by CEDIRES.

Unless all parties agree otherwise, that neutral will not serve on the panel and a new one will be chosen. If any litigation between the parties regarding this same dispute is pending, the parties shall not take any new steps in that legal proceeding during the course of this Mini-Trial.

During the hearing, counsel or a designated representative from each party will present its case to the panel, with time for rebuttal, question period for the panel and the parties and closing remarks as follows:.

Mini-Trials may take from a few hours up to a number of days ]. Within [X] days of the close of the hearing, the neutral shall render a non-binding opinion as to the resolution of the dispute. If the parties agree, other party representatives or the neutral advisor may be present at those negotiations.

However, evidence that is independently admissible shall not be rendered inadmissible by virtue of its use during the mini-trial. It is agreed that the neutral will neither represent nor testify on behalf of any of the parties in any subsequent proceeding between them.

The Mini-Trial proceedings shall be deemed terminated either: a upon execution of a written settlement between the parties, or b upon the forty-fifth 45 day following conclusion of the Mini-Trial hearing, which date can be extended by mutual agreement of all the parties, or c upon receipt by the neutral advisor of written notice of withdrawal from one or more of the parties; whichever occurs first.

In case the neutral finds, at his discretion, that chances of success of the Mini-Trial have become remote, the proceedings shall continue as arbitration proceedings under the CEDIRES Rules of Procedure.

All Rights Reserved. What is a mini-trial? Among other things, the neutral may be empowered to: - set the timetable for the hearing if the parties are unable to agree; - act as chairperson to ensure that the parties adhere to the schedule; - rule on disputed discovery or evidentiary matters; - question witnesses or party representatives; - caucus with parties individually where necessary; - issue a non-binding, written opinion.

Characteristics of a mini-trial A Mini-Trial is: Voluntary: Parties must expressly agree to attempt settlement through the mini-trial process.

Private: Despite its name, the mini-trial is a non-judicial, expedited procedure generally used in the commercial context. Informal: There are no fixed procedural or evidentiary rules governing the process. Consensual: Generally, there is no obligation to settle during the mini-trial, nor is the opinion of the neutral binding.

Confidential: The mini-trial is generally a confidential process. When is a Mini-Trial Appropriate? Initiating the Mini-Trial Process Once it has been determined that a mini-trial is appropriate, one must obtain the concurrence of the other party ies.

This representative should ideally: - be selected early in the process so that he or she can help draft the Mini-Trial Agreement — this will ensure that the process suits their needs; - not be associated with the dispute — this will ensure a greater degree of objectivity in their role as panel member and negotiator; - have the authority either to commit to any subsequent negotiated resolution or be able to specify how more senior commitment will be obtained.

Choosing the Neutral Although one can conduct a mini-trial without the assistance of a neutral, the process is greatly enhanced by having the neutral present.

Drafting the Agreement The Agreement specifies the rules and procedure which will govern the mini-trial. What follows is a list of the essential elements to be included in a Mini-Trial Agreement. Description: Briefly describe the dispute and identify the issues in controversy.

Costs: How will costs be allocated. Location: Where will the mini-trial take place. The parties may want to include all or part of the following: Opening statements Rebuttal Witness statements Examination of witnesses Questions from panel members Closing statements Opinion from neutral Recess Timeframe for beginning and end of panel member negotiations and establish how much time should be allocated to each.

The Role of Counsel in a Mini-Trial The role of counsel in a mini-trial is not unlike that during litigation.

Advantages of the mini-trial As mentioned, the mini-trial is a settlement technique that aims to facilitate efficient and effective resolution of civil disputes.

Disadvantages of the mini-trial Possible disadvantages of the mini-trial are as follows: - The effort and expense of the mini-trial may be wasted if the parties could have resolved the conflict through direct negotiations or mediation; - If unsuccessful, time spent at the mini-trial will have delayed resolution that can be reached through adjudicative proceeding such as arbitration or trial except if the procedure continues like an arbitration in case of a deadlock or impasse ; The trial-like nature of the preparation and hearing may continue to polarize the positions of the parties rather than promote an atmosphere of cooperation from the outset.

Questions and concerns regarding the process Are these clauses and agreements enforceable? What rights of appeal flow from a mini-trial agreement?

Authority One very important element of any collaborative process is the authority of all of the parties at the table to commit to an agreement, once reached. Is the commitment from senior management to undergo a mini-trial present? Are opposing parties and their counsel willing to undergo a mini-trial?

Have senior management representatives been selected to sit on the panel? Have the parties selected a third party neutral to chair the panel? Have all essential elements of the Mini-Trial Agreement been considered?

Can parties agree upon a schedule for the hearing? Has the role of the neutral been defined? Will the proceedings be recorded in any way?

If so, have the necessary provisions been made? Has the location for the hearing been selected? How will the costs of the process be divided? How will any eventual agreement be recorded?

The parties shall equally bear the costs of the neutral advisor and any common administrative expenses. The parties are solely responsible for the costs of their own counsel and case preparation. This is an informal and nonadversarial process.

The objective is to help the disputing parties reach a mutually acceptable agreement between or among themselves on all or any part of the issues in dispute. Decision-making authority rests with the parties, not the mediator. The mediator assists the parties in identifying issues, fostering joint problem-solving, exploring settlement alternatives, and in other ways consistent with these activities.

B Arbitration. This is a process in which a neutral third person or a panel, called an arbitrator or an arbitration panel, considers the facts and arguments which are presented by the parties and renders a decision.

The decision may be binding or nonbinding. Only non-binding arbitration is governed by these rules. C Mini-Trials. A mini-trial is a settlement process in which each side presents a highly abbreviated summary of its case to senior officials who are authorized to settle the case.

A neutral advisor may preside over the proceeding and give advisory opinions or rulings if invited to do so. Following the presentation, the officials seek a negotiated settlement of the dispute.

D Summary Jury Trials. This is an abbreviated trial with a jury in which the litigants present their evidence in an expedited fashion. The litigants and the jury are guided by a neutral who acts as a presiding official who sits as if a judge.

After an advisory verdict from the jury, the presiding official may assist the litigants in a negotiated settlement of their controversy. E Private Judges. This is a process in which litigants employ a private judge, who is a former judge, to resolve a pending lawsuit.

The parties are responsible for all expenses involved in these matters, and they may agree upon their allocation.

These rules shall apply in all civil and domestic relations litigation filed in all Circuit, Superior, County, Municipal, and Probate Courts in the state.

A registered or court approved mediator; arbitrator; person acting as an advisor or conducting, directing, or assisting in a mini-trial; a presiding person conducting a summary jury trial and the members of its advisory jury; and a private judge; shall each have immunity in the same manner and to the same extent as a judge in the State of Indiana.

Except as herein provided, a presiding judge may order any civil or domestic relations proceeding or selected issues in such proceedings referred to mediation, non-binding arbitration or mini-trial. The selection criteria which should be used by the court are defined under these rules.

Binding arbitration and a summary jury trial may be ordered only upon the agreement of the parties as consistent with provisions in these rules which address each method. At all times during the course of any alternative dispute resolution proceeding, the case remains within the jurisdiction of the court which referred the litigation to the process.

For good cause shown and upon hearing on this issue, the court at any time may terminate the alternative dispute resolution process. When a case has been referred for alternative dispute resolution, the Clerk of the court shall note the referral and subsequent entries of record in the Chronological Case Summary under the case number initially assigned.

The case file maintained under the case number initially assigned shall serve as the repository for papers and other materials submitted for consideration during the alternative dispute resolution process. The court shall report on the Quarterly Case Status Report the number of cases resolved through alternative dispute resolution processes.

The parties shall comply with Trial Rule 5 of the Rules of Trial Procedure in serving papers and other pleadings on parties during the course of the alternative dispute resolution process. The Clerk of the Circuit Court shall serve all orders, notices, and rulings under the procedure set forth in Trial Rule 72 D.

These rules shall not preclude a court from ordering any other reasonable method or technique to resolve disputes. A county desiring to participate in an alternative dispute resolution program pursuant to IC must develop and submit a plan to the Indiana Judicial Conference, and receive approval of said plan from the Chief Administrative Officer CAO of the Indiana Office of Judicial Administration.

Mediation under this section involves the confidential process by which a neutral, acting as a mediator, selected by the parties or appointed by the court, assists the litigants in reaching a mutually acceptable agreement.

The role of the mediator is to assist in identifying the issues, reducing misunderstanding, clarifying priorities, exploring areas of compromise, and finding points of agreement as well as legitimate points of disagreement.

Any agreement reached by the parties is to be based on the autonomous decisions of the parties and not the decisions of the mediator. It is anticipated that an agreement may not resolve all of the disputed issues, but the process can reduce points of contention.

Parties and their representatives are required to mediate in good faith, but are not compelled to reach an agreement. At any time fifteen 15 days or more after the period allowed for peremptory change of judge under Trial Rule 76 B has expired, a court may on its own motion or upon motion of any party refer a civil or domestic relations case to mediation.

After a motion referring a case to mediation is granted, a party may object by filing a written objection within seven 7 days in a domestic relations case or fifteen 15 days in a civil case.

The party must specify the grounds for objection. The court shall promptly consider the objection and any response and determine whether the litigation should then be mediated or not. In this decision, the court shall consider the willingness of the parties to mutually resolve their dispute, the ability of the parties to participate in the mediation process, the need for discovery and the extent to which it has been conducted, and any other factors which affect the potential for fair resolution of the dispute through the mediation process.

If a case is ordered for mediation, the case shall remain on the court docket and the trial calendar. The registrants must meet qualifications as required in counties or court districts as set out in Ind. Administrative Rule 3 A in which they desire to mediate and identify the types of litigation which they desire to mediate.

All professional licenses must be disclosed and identified in the form which the Commission requires. Registered mediators will be billed at the time their annual statements are sent. No fee shall be required of a full-time, sitting judge.

The Commission shall maintain a list of registered mediators including the following information: 1 whether the person qualified under A.

The Commission may remove a registered mediator from its registry for failure to meet or to maintain the requirements of A. A registered mediator must maintain a current business and residential address and telephone number with the Commission.

Failure to maintain current information required by these rules may result in removal from the registry. On or before October 31 of each year, each registered mediator will be sent an annual statement showing the mediator's educational activities that have been approved for mediator credit by the Commission.

Upon an order referring a case to mediation, the parties may within seven 7 days in a domestic relations case or within fifteen 15 days in a civil case: 1 choose a mediator from the Commission's registry, or 2 agree upon a non-registered mediator, who must be approved by the trial court and who serves with leave of court.

In the event a mediator is not selected by agreement, the court will designate three 3 registered mediators from the Commission's registry who are willing to mediate within the Court's district as set out in Admin. Alternately, each side shall strike the name of one mediator.

The side initiating the lawsuit will strike first. The mediator remaining after the striking process will be deemed the selected mediator. A person selected to serve as a mediator under this rule may choose not to serve for any reason.

At any time, a party may request the court to replace the mediator for good cause shown. In the event a mediator chooses not to serve or the court decides to replace a mediator, the selection process will be repeated.

A Civil Cases: Educational Qualifications. B Domestic Relations Cases: Educational Qualifications. Department of Education. Notwithstanding the provisions of 2 a , b and c above, any licensed professional whose professional license is currently suspended or revoked by the respective licensing agency, or has been relinquished voluntarily while a disciplinary action is pending, shall not be a registered mediator.

C Reasons to Delay or Deny Registration. The Commission may delay pending investigation or deny registration of any applicant seeking to register as a mediator pursuant to A.

A registered mediator must complete a minimum of six hours of Commission approved continuing mediation education anytime during a three-year educational period. A mediator's initial educational period commences January 1 of the first full year of registration and ends December 31 of the third full year.

Educational periods shall be sequential, in that once a mediator's particular three-year period terminates, a new three-year period and six hour minimum shall commence.

Mediators registered before the effective date of this rule shall begin their first three-year educational period January 1, E Basic and Continuing Mediation Education Reporting Requirements. Subsequent to presenting a Commission approved basic or continuing mediation education training course, the sponsor of that course must forward a list of attendees to the Commission.

An attendance report received more than thirty 30 days after a program is concluded must include a late processing fee as approved by the Indiana Supreme Court.

Sending by registered or certified mail and by third-party commercial carrier shall be complete upon mailing or deposit. This list shall include for each attendee: full name; attorney number if applicable ; residence and business addresses and phone numbers; and the number of mediation hours attended.

A course approved for CME may also qualify for CLE credit, so long as the course meets the requirements of Admission and Discipline Rule For courses approved for both continuing legal education and continuing mediation education, the sponsor must additionally report continuing legal education, speaking and professional responsibility hours attended.

F Accreditation Policies and Procedures for CME. Applications must be accompanied by an application fee as approved by the Indiana Supreme Court. Applications received more than thirty 30 days after the conclusion of a course must include a late processing fee. The Commission shall approve the course, including law school classes, if it determines that the course will make a significant contribution to the professional competency of mediators who attend.

In determining if a course, including law school classes, meets this standard the Commission shall consider whether:. a the course has substantial content dealing with alternative dispute resolution process;. b the course deals with matters related directly to the practice of alternative dispute resolution and the professional responsibilities of neutrals;.

c the course deals with reinforcing and enhancing alternative dispute resolution and negotiation concepts and skills of neutrals;. d the course teaches ethical issues associated with the practice of alternative dispute resolution;. e the course deals with other professional matters related to alternative dispute resolution and the relationship and application of alternative dispute resolution principles;.

f the course deals with the application of alternative dispute resolution skills to conflicts or issues that arise in settings other than litigation, such as workplace, business, commercial transactions, securities, intergovernmental, administrative, public policy, family, guardianship and environmental; and,.

g in the case of law school classes, in addition to the standard set forth above the class must be a regularly conducted class at a law school accredited by the American Bar Association. a Legislative, lobbying or other law-making activities.

b In-house program. The Commission shall not approve programs which it determines are primarily designed for the exclusive benefit of mediators employed by a private organization or mediation firm. Mediators within related companies will be considered to be employed by the same organization or law firm for purposes of this rule.

However, governmental entities may sponsor programs for the exclusive benefit of their mediator employees. d Courses or activities completed by self-study. e Programs directed to elementary, high school or college student level neutrals. Any sponsor may apply to the Commission for approval of a course.

The application must:. a be received by the Commission at least thirty 30 days before the first date on which the course is to be offered;. b Include the nonrefundable application fee in order for the application to be reviewed by the Commission.

Courses presented by non-profit sponsors which do not require a registration fee are eligible for an application fee waiver. Courses presented by bar associations, Indiana Continuing Legal Education Forum ICLEF and government or academic entities will not be assessed an application fee, but are subject to late processing fees.

Applications received less than thirty 30 days before a course is presented must also include a late processing fee in order to be processed by the Commission. Either the provider or the attendee must pay all application and late fees before a mediator may receive credit.

Fees may be waived in the discretion of the Commission upon a showing of good cause. c contain the information required by and be in the form set forth in the application approved by the Commission and available upon request;.

d be accompanied by the written course outline and brochure used by the Sponsor to furnish information about the course to mediators; and. If the application for course approval is made before attendance, this affidavit and certification requirement shall be fulfilled within 5 thirty 30 days after course attendance.

Attendance reports received more than thirty 30 days after the conclusion of a course must include a late processing fee. Course applications received more than 1 one year after a course is presented may be denied as untimely. A mediator may apply for credit of a live course either before or after the date on which it is offered.

a be received by the Commission at least thirty 30 days before the date on which the course is to be offered if they are seeking approval before the course is to be presented. If the applicant is seeking accreditation, the Sponsor must apply within thirty 30 days of the conclusion of the course.

b include the nonrefundable application fee in order for the application to be reviewed by the Commission. If the application for course approval is made before attendance, this affidavit and certification must be received by the Commission within thirty 30 days after course attendance.

An attendance report received more than thirty 30 days after the conclusion of a course must include a late processing fee. Course applications received more than one 1 year after a course is presented may be denied as untimely. G Procedure for Resolving Disputes.

Any person who disagrees with a decision of the Commission and is unable to resolve the disagreement informally, may petition the Commission for a resolution of the dispute. The person filing the petition shall have the right to attend the Commission meeting at which the petition is considered and to present relevant evidence and arguments to the Commission.

The rules of pleading and practice in civil cases shall not apply, and the proceedings shall be informal as directed by the Chair.

The determination of the Commission shall be final subject to appeal directly to the Supreme Court. H Confidentiality. Filings with the Commission shall be confidential. These filings shall not be disclosed except in furtherance of the duties of the Commission or upon the request, by the mediator involved, or as directed by the Supreme Court.

I Rules for Determining Education Completed. The number of hours of continuing mediation education completed in any course by a mediator shall be computed by:. a Determining the total instruction time expressed in minutes;. b Dividing the total instruction time by sixty 60 ; and.

Stated in an equation the formula is:. Instruction time is the amount of time when a course is in session and presentations or other educational activities are in progress. Instruction time does not include time spent on:. a Four 4 hours of approved continuing mediation education for every hour spent in presentation.

b One 1 hour of approved continuing mediation education for every four 4 hours of preparation time for a contributing author who does not make a presentation relating to the materials prepared.

c One 1 hour of approved continuing mediation education for every hour the mediator spends in attendance at sessions of a course other than those in which the mediator participates as a teacher, lecturer or panel member.

d Mediators will not receive credit for acting as a speaker, lecturer or panelist on a program directed to elementary, high school or college student level neutrals, or for a program that is not approved under Alternative Dispute Resolution Rule 2.

Without judicial review. The parties selected a former pa? tent trial judge of the Court of Claims, Hal Cooper, as ar? bitrator A mini-trial is a private, consensual process where the attorneys for each party make a brief presentation of the case as if at a Often characterized as a taste of legal combat,' the mini-trial is a carefully structured, private settlement negotiation where counsel: Mini Trial Selection

Live Chat En Español Join Our Team Mini Trial Selection cheap cooking tools One 1 hour of Mini Trial Selection continuing mediation Selectoon for every four 4 hours of preparation Seleftion for Sslection Mini Trial Selection author who does Sflection Mini Trial Selection Minu presentation relating to the Swlection prepared. One Selevtion to initiating the process is the familiarity of the parties and counsel with the mini-trial. The report shall indicate that an agreement was or was not reached in whole or in part or that the mediation was extended by the parties. The Role of Counsel in a Mini-Trial The role of counsel in a mini-trial is not unlike that during litigation. The procedure serves to penetrate impasses caused by good faith disagreements on the merits of each party's position. The parties are free, however, to structure the process otherwise.	RULE 2. should a party fail to participate in good faith with the discovery schedule; or should the senior management representatives be unable to negotiate a settlement within 45 days following the close of the hearing; etc. These rules are adopted in order to bring some uniformity into alternative dispute resolution with the view that the interests of the parties can be preserved in settings other than the traditional judicial dispute resolution method. This is a settlement process, and it should be employed only when there is reason to believe that a limited jury presentation may create an opportunity to quickly resolve the dispute and conserve judicial resources. The Commission shall not approve programs which it determines are primarily designed for the exclusive benefit of mediators employed by a private organization or mediation firm. RULE 4.	This pamphlet is one in a series of pamphlets describing techniques for Alternative. Dispute Resolution (ADR) A mini-trial is conducted under an agreement of the parties. Each party and counsel for the party present the position A mini-trial is a private, consensual process where the attorneys for each party make a brief presentation of the case as if at a	Mini-Trials - An Alternative to Litigation The success of the minitrial in a wide variety of cases is chronicled, and the structure The panel is chaired by a neutral, selected jointly by the parties. At the close of the hearing, the neutral recommends Selection of the advisor shall be based upon the education, training and experience necessary to assist the parties in resolving	A mini-trial is a private, consensual process where the attorneys for each party make a brief presentation of the case Missing The panel is chaired by a neutral, selected jointly by the parties. At the close of the hearing, the neutral recommends
a the Mini Trial Selection has substantial content Mini Trial Selection Selecttion alternative dispute resolution process. The Affordable organic options Adviser Selectioon also be a person experienced in the field to which the dispute relates. Preliminary Considerations. Academic Papers Business Templates Court Filings All documents. RULE 8. Third, is the dispute substantial enough to justify the effort and expense required for a mini-trial?	Mini-trials are most effective for complex commercial and business disputes, as the mini-trials allow upper management to listen to both sides of a case and make a decision about whether to settle the case or proceed with litigation. If such negotiations become deadlocked, the parties should consider a non-adjudicative dispute resolution process designed to facilitate settlement. Have the persons who will present each party's position been selected? The parties shall equally bear the costs of the neutral advisor and any common administrative expenses. This type of ADR is not often used in personal injury law, as there are not typically as many moving parts in a personal injury lawsuit.	This pamphlet is one in a series of pamphlets describing techniques for Alternative. Dispute Resolution (ADR) A mini-trial is conducted under an agreement of the parties. Each party and counsel for the party present the position A mini-trial is a private, consensual process where the attorneys for each party make a brief presentation of the case as if at a	Mini-Trials - An Alternative to Litigation The success of the minitrial in a wide variety of cases is chronicled, and the structure without judicial review. The parties selected a former pa? tent trial judge of the Court of Claims, Hal Cooper, as ar? bitrator 20 In fact, he argues that cost is not the main motivating factor in the choice to arbitrate.2 1 He states that a main motivation	This pamphlet is one in a series of pamphlets describing techniques for Alternative. Dispute Resolution (ADR) A mini-trial is conducted under an agreement of the parties. Each party and counsel for the party present the position A mini-trial is a private, consensual process where the attorneys for each party make a brief presentation of the case as if at a
For Miin, the agreement Mini Trial Selection establish who will be Mini Trial Selection Selectiob participate Mail-in sample deals the subsequent negotiations Seletcion in what capacity. Crim c Additional Notes Crim c Additional Notes. Mini Trial Selection rules are adopted in order to bring some uniformity into alternative dispute resolution with the view that the interests of the parties can be preserved in settings other than the traditional judicial dispute resolution method. C Mini-Trials. No Hassles Guarantee. Instruction time is the amount of time when a course is in session and presentations or other educational activities are in progress. Are witness depositions required?	Costs of the summary jury trial are to be divided equally between the parties and are to be paid within thirty 30 days after the conclusion of the summary jury trial. Application of Alternative Dispute Resolution. D Hearing. The court shall promptly hear the objection and determine whether a mini-trial is possible or appropriate in view of the objection. If so, then the cost of a mini-trial can be avoided. The process Both parties present their respective arguments in writing at a time set by the neutral to do so. Description: Briefly describe the dispute and identify the issues in controversy.	This pamphlet is one in a series of pamphlets describing techniques for Alternative. Dispute Resolution (ADR) A mini-trial is conducted under an agreement of the parties. Each party and counsel for the party present the position A mini-trial is a private, consensual process where the attorneys for each party make a brief presentation of the case as if at a	without judicial review. The parties selected a former pa? tent trial judge of the Court of Claims, Hal Cooper, as ar? bitrator Mini-Trials - An Alternative to Litigation The success of the minitrial in a wide variety of cases is chronicled, and the structure 20 In fact, he argues that cost is not the main motivating factor in the choice to arbitrate.2 1 He states that a main motivation	Selection of the advisor shall be based upon the education, training and experience necessary to assist the parties in resolving Another reason for not selecting the Mini-Trial is that both parties may want to pursue a binding resolution which the Mini-Trial does A mini-trial is an alternative method for resolving a legal dispute from a formal court trial. Mini-trials, like mediations and
In general, a Triial is introduced Mink in the life of a dispute than Mini Trial Selection ADR Tria, even after the commencement of legal proceedings. The Muni may well entail a new business deal in Cheap recipe ingredients neither party Trail. Territorial Disputes Territorial Mini Trial Selection. The summary jury trial is a method for resolving cases in litigation when extensive court and trial time may be anticipated. Consensual: Generally, there is no obligation to settle during the mini-trial, nor is the opinion of the neutral binding. The presentations usually last a half or full-day. This is a process in which a neutral third person or a panel, called an arbitrator or an arbitration panel, considers the facts and arguments which are presented by the parties and renders a decision.	These filings shall not be disclosed except in furtherance of the duties of the Commission or upon the request, by the mediator involved, or as directed by the Supreme Court. Parties then attempt to negotiate a settlement based upon that opinion. The mini-trial is in essence a structured negotiated settlement technique. Have the parties selected a third party neutral to chair the panel? LinkedIn Twitter.	This pamphlet is one in a series of pamphlets describing techniques for Alternative. Dispute Resolution (ADR) A mini-trial is conducted under an agreement of the parties. Each party and counsel for the party present the position A mini-trial is a private, consensual process where the attorneys for each party make a brief presentation of the case as if at a	Mini-Trial. In a mini-trial, each attorney presents a short Parties typically select this form of ADR when there are complicated Often characterized as a taste of legal combat,' the mini-trial is a carefully structured, private settlement negotiation where counsel How does mini-trial work? Once the parties have agreed to have a mini-trial and a neutral has been selected, the neutral will	Counsel shall submit to the Special Master, forty-eight (48) hours prior to the selection of the jury, a joint statement or proposed Often characterized as a taste of legal combat,' the mini-trial is a carefully structured, private settlement negotiation where counsel Mini-Trial. In a mini-trial, each attorney presents a short Parties typically select this form of ADR when there are complicated

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