A more interesting and less-known ADR procedure is the mini-trial which allows each party to present its case as in a regular trial except that the case is not tried by a judge but is "tried" by the parties themselves in an abbreviated manner. This process is often used for complex questions of mixed law and fact such as product liability, massive construction, and anti-trust cases.
In a mini-trial lawyers and experts present a condensed version of the case to top management of both parties. Often a neutral adviser sits with management and conducts the hearing. After the presentations, top management attempt to reach an agreement. If they cannot, they will ask for the neutral adviser's best guess on what will be the expected outcome and after hearing the best guess will resume negotiations. By providing a look on how an outsider views at the dispute, a mini-trial often sets the stage for a settlement.
Another tool, an Early Neutral Evaluation (ENE), is used when one or both of the parties seek the advice of an experienced individual (usually an attorney) about the strength of their case. An evaluation by an informed outsider can move parties away from unrealistic stands as well as providing insight into the strengths and weaknesses of their case. If the parties have faith in the third party, and are willing to compromise, an ENE can lead to a successful agreement.
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