NCJ Number
99731
Journal
Trial Volume: 21 Issue: 10 Dated: (October 1985) Pages: 20-32
Date Published
1985
Length
4 pages
Annotation
The role of the trial attorney is examined in four forms of alternative dispute resolution: minitrials, mediation, arbitration, and summary jury trial.
Abstract
In the minitrial, disputing parties create a tribunal in which trial attorneys make presentations to a panel consisting of top executives from each organization. A neutral party presides and either serves as mediator or issues an advisory opinion after the hearing. In prelitigation mediation, a mediator meets with the parties and their representatives in an effort to arrange a compromise. The mediator, often a lawyer, helps the parties analyze issues, exchange views, and devise a formula for settlement. Mediation also may be available in court, either through the judge as part of a settlement conference or by submission to an outside referee. Neighborhood justice centers handle minor criminal and certain civil disputes. They may be administered by the courts, the local bar association, or an independent agency. Trial attorneys are rarely involved. In commercial and contract arbitration, the arbitrator may be appointed by an agency or the disputing parties, rules may be standardized or agreed upon by the parties, and attorneys may serve as either arbitrators or as representatives of the disputants. Neither voluntary nor binding court-administered arbitration is used to encourage settlement of modest claims. In the summary jury trial, attorneys make brief presentations before a panel which then issues an advisory verdict. Eight references are included.