Describe the differences between the Summary Jury Trial and the Mini-Trial. Also, discuss the pros and cons of using both processes.© BrainMass Inc. brainmass.com October 25, 2018, 5:37 am ad1c9bdddf
A Summary jury trial is an alternative dispute resolution technique, increasingly being used in civil disputes in the United States.It is one of the new forms of dispute resolution being advanced by the regular courts in an effort to reduce courtroom congestion. During a Summary Jury Trial , a mock trial is held; a jury is selected and, in some cases, presented with the evidence that would be used at a real trial. In other cases, evidence is not presented. The parties are required to attend the proceeding and hear the verdict reached by the jury. After the verdict, the parties are required to once again try to reach a settlement before going to trial.
A mini-trial is an alternative method for resolving a legal dispute from a formal court trial. Mini-trials, like mediations and arbitrations, constitute unique forms of "alternative dispute resolution" (ADR) favored by courts and litigants alike. A mini-trial is really a settlement process in which the parties present highly summarized versions of their respective cases to a panel of officials who represent each party (plus a "neutral" official) and who have authority to settle the dispute. The presentation generally takes place outside of the courtroom, in a private forum. After the parties have presented their best case, the panel convenes and tries to settle the matter.
Mini-trials are different from the summary jury trial." Both mini-trials and summary jury trials involve the presentation of each side's case, usually without testimony, but with opening and closing statements and an outline of evidence they intend to show at trial. However, summary trials are actually presented before mock juries, who issue advisory verdicts. After a jury's decision, the parties and their attorneys will attempt settlement.
In a mini-trial the attorneys for each side present their best arguments to the top decision makers for the companies and/or governmental agencies involved in the dispute and to an impartial third party advisor. The advisor generally has expertise in a specific area. The parties may agree upon an abbreviated hearing. After the presentations, the decision makers meet (either with or without the third party advisor) to try to negotiate a settlement. Mini-trials are private, confidential and nonbinding.
In a summary jury trial, the attorneys present a summary of the evidence to a jury which then determines and states an advisory ...
The differences between summary jury trial and a mini trial is examined.
Alternative Dispute Resolution
Considering all of the alternatives to litigation: negotiation, mediation, arbitration, summary jury trial, mini-trial, jury by private judge, med-arb, arb-med, med then arb, concil-arb, etc.
Discussion an assessment of the relative values of more formalized ADR (e.g., arbitration), compared to more informal ADR (e.g., negotiation, settlement, and mediation.)View Full Posting Details