nontrial

Nontrial is a general term used to describe the resolution of a dispute or the adjudication of a case without a full court trial. It encompasses procedures and outcomes that resolve disputes outside the traditional courtroom setting and may produce binding results through negotiation, decision on the papers, or alternative dispute resolution.

In criminal law, nontrial outcomes include plea bargains, where a defendant pleads to a lesser charge or receives a reduced sentence in exchange for avoiding trial. Diversion programs and formal dismissals or deferred prosecutions also operate without going to trial.

In civil and administrative law, nontrial resolutions include settlements reached voluntarily by the parties, often with counsel, and dispositive motions such as summary judgments that conclude a case based on written submissions. Mediation and arbitration, while not trials in court, are common nontrial methods for resolving disputes, with an arbitrator or mediator rendering a binding or quasi-binding decision.

Advantages of nontrial resolutions include lower costs, shorter timelines, less public exposure, and reduced burden on courts. They can provide more control to the parties and result in tailored settlements. Critics argue that nontrial processes may pressure weaker parties, obscure transparency, or limit opportunities to appeal and to develop legal doctrine through a full trial.

The use of nontrial approaches varies by jurisdiction and by the type of case. It is often presented as a complement to, rather than a replacement for, traditional trials.