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tiality and impartiality. Based on having resolved their own conflict, the parties also tend to achieve greater satisfaction, which in turn leads to a greater likelihood of compliance with the decision.
Mediation may be particularly appropriate when the parties want to remain on good terms with each other, since it avoids much of the acrimony of traditional litigation.

E. Mini-trials
A mini-trial usually involves an abbreviated presentation of evidence to one or more expert neutrals in the presence of the executives or top management of the companies involved in the dispute. Mini-trials help to define the issues and develop a sound basis for realistic settlement discussions. They are most effective and are often employed in large-scale business disputes involving complex legal and factual questions, such as products liability, construction and antitrust cases.
As in traditional litigation, the parties in a mini-trial engage in discovery before the trial begins, but in the mini-trial process the exchange of information is according to the terms of the agreement between the parties. The parties also exchange written statements summarizing the issues in the dispute.
In the mini-trial itself, the parties' lawyers and experts present a condensed version of the case to the top management of the disputing businesses, rather than to a judge or jury. An expert in the subject matter of the dispute often sits with the parties' management representatives. After the presentations, the managers try to negotiate a solution. If they fail, they may ask for a neutral advisor's best guess or opinion on the probable outcome of the case, and then resume negotiations. The advisory opinion is not binding unless the parties agree before the mini-trial that it will be, and then enter into a written settlement agreement.
After the neutral provides the advisory opinion, the managers or executives meet again to attempt to resolve the dispute. If resolution still eludes them, they may either abandon the proceedings or submit written offers of settlement to the advisor. In the latter option, the neutral advisor reviews the offers and makes a settlement recommendation on that basis. If the parties reject the recommendation, once again they may terminate the proceedings and proceed to resolve the dispute by other means. Because mini-trials are confidential, no statements made by participants may be used in any subsequent proceeding.
Participants in a mini-trial should define their agreed-upon process in writing. Rules of evidence do not apply at the mini-trial, but rather any limitations on the evidence presented are determined by mutual agreement of the parties and enforced by the neutral advisor. The neutral advisor should also be selected by mutual agreement of the parties. The parties' lawyers and ADR organizations, like the American Arbitration Association, can aid in making that selection. The parties' counsel should remain involved throughout the mini-trial in order to present their clients' best case at the information-exchange stage of the proceedings and to advise their clients on the propriety of various settlement options.
The keys to a mini-trial's success are the free exchange of information and the presence of both sides' top management. Mini-trials enable managers who may have become insulated from the true strengths and weaknesses of their cases to see the dispute as an objective observer w本论文由英语论文网提供整理，提供论文代写，英语论文代写，代写论文，代写英语论文，代写留学生论文，代写英文论文，留学生论文代写相关核心关键词搜索。