minitrials

Minitrials are a form of alternative dispute resolution used to facilitate settlement in civil disputes. In a minitrial, representatives from the disputing parties present concise, structured summaries of the facts, issues, and damages to a neutral third party who acts as an evaluator rather than a decision-maker. Proceedings are typically confidential and non-binding.

The process usually involves a neutral evaluator, often a retired judge or senior practitioner, a defined scope of issues, and limited pre-briefing and exhibits. Each side makes a short presentation of its position, followed by a private or joint discussion in which the evaluator provides an evaluative opinion on the likely trial outcome and may suggest settlement terms. There is no formal evidence procedure, jury, or binding verdict, and any settlement reached is a separate agreement.

Minitrials are commonly used in commercial and business disputes, including contract, product liability, intellectual property, and construction matters, especially when parties want a rapid, cost-effective risk assessment and a spur to settlement. They can be conducted as a full mini-trial or as variations such as two-way formats with separate presentations or as early neutral evaluation focusing on risk assessment.

Benefits include reduced time and costs, a clearer understanding of each side’s position, and the external credibility of an evaluative opinion to encourage settlement. Limitations include the non-binding nature of the outcome, potential for partial disclosures, and the possibility that the process is not suitable for all disputes or cultures. Minitrials are typically used alongside other ADR methods such as mediation or arbitration.