Abstract
Mini-Trial may not be totally the same as the other Alternative Dispute Resolution or ADR. It holds its own characteristics of providing resolution to the disputed issue. However, some of the processes involve in the mini-trial may resemble the methods in the mediation process. In the discussion of the article about the mini-trial’s process, one can be similar to how the mediation is being done. It was stated in the article that both disputants will have the opportunity to present their own version of the case, to which they are being presented to panel in order to come up with resolution. Although the mediation process involves a mediator who is a neutral party, mini-trial also serves as a medium to provide a clear communication between the disputants to arrive at a settlement, thus, they are both focus on the parties’ interests. Furthermore, such process is being applied to the mediation process so as to provide merits on each party’s claims on the disputed issue.
Alternative Dispute Resolution: A Conflict Diagnosis Approach
Introduction
The Mini-Trial Process is known to have a resemblance with mediation hearing. Part of the process is that each party will present their own version of the case in order to resolve the dispute. Thus, each version of the case will be presented to the panel. Just like the procedure in the mediation, the mini-trial process has no limitation when it comes to the outcome, hence, parties may end the process once reaching the endpoint. One article discusses the mini-trial process, to which it portrays both the similarities and differences of mini-trial and mediation. This article is significant as it presents some methods that were also applied during the mediation process.
Discussion
In the course of mini-trial, act as advocates and agents for the parties (US Legal, n.d.). The article presents the characteristics of the mini-trial as a process of conflict resolution that provides its difference with summary jury trial, although they both aims to solve the dispute by providing both sides of the parties. Relatively, some of the processes involve in mini-trial resembles the mediation method. In the mini-trial each involved party will have its opportunity to present their side in relation to the issue being disputed. Similarly, this specific step is also applied in mediation process, such as the evaluative mediation, to which the mediator narrows the gap between the disputants’ demands (Coltri, 2010). This is to evaluate both the strengths and weaknesses of the parties’ claims.
Conclusion
Based on the findings, mini-trial and mediation have some similarities that mainly focus on the conflict resolution by understanding both disputants’ side. Although there are some differences in terms of the actual processes, both of them enables the presentation of the parties’ respective merits on the issue being disputed.
References
Coltri, L. S. (2010). Alternative dispute resolution: A conflict diagnosis approach. Boston: Prentice Hall.
US Legal. (n.d.). Mini-Trials Distinguished From Other Forms of ADR - Mini Trials - Arbitration. Retrieved from http://arbitration.uslegal.com/mini-trials/mini-trials-distinguished-from-other-forms-of-adr/
