NCJ Number
108445
Journal
Missouri Journal of Dispute Resolution Volume: 1987 Dated: (1987) Pages: 133-148
Date Published
1987
Length
16 pages
Annotation
This article examines the features of the minitrial, its suitability for resolving certain types of disputes, how it meets the needs of corporate parties in a dispute while benefiting the public, and the validity of general criticisms of alternative dispute mechanisms as applied to the minitrial.
Abstract
In the minitrial, participants present their case out of court in a concise, abbreviated manner before a neutral observer and authorized executives of the parties. The latter use the information gained from the minitrial to determine how they will proceed in negotiations which follow the minitrial. The minitrial is suitable for resolving corporate disputes that involve complex issues of law and fact such as patent law, product liability, unfair competition, and antitrust and contract cases. Factors in determining a dispute's suitability for a minitrial are the substantive nature of the dispute, the disputants' motives, and the nature of their business relationship. The minitrial is an effective, efficient, and proper means for resolving corporate disputes of an essentially private nature. It serves both private and public interests by avoiding delayed, expensive, and often unsatisfactory dispute resolution through adjudication and traditional settlement means. The minitrial enables corporate parties to take responsibility for resolving their disputes in accordance with their needs. 86 footnotes.