Originally from Dispute Resolution Journal

Accepted vocabulary of ADR does not exist today, says author Tom Arnold. Nuances of meaning may be defined by geographical location and culture, giving rise to possible confusion about the breadth and intent of ADR procedures. This is the conclusion of a four-part series in which Arnold creates a framework by which the language of ADR can be understood.

XVII. Mini-trial30

Typically meaning:

(a) a moderately formal case presentation more like binding arbitration than any other ADR method, though typically held in a hotel or office conference room or even a borrowed courtroom, usually in a somewhat summary fashion with limits on witnesses and/or examination time;

(b) usually presented solely by counsel though the parties are free to agree to use witnesses;

(c) with affidavit, deposition and documentary evidence normally received and relied upon to the extent of its inherent credibility but without following strict rules of evidence; sometimes including one or two key witnesses live who are subject to cross-examination, though more often the process entails attorney’s argument without live witnesses;