Court Annexed Arbitration Authorized by Congress Cases less than 100,000 Qualifications of Arbitrators set Disincentive for de novo hearing Sanctions for failure to “meaningfully participate Confidential

Med- Arb Hybrid process Used to take advantage of best of both processes Key issue is identity of neutral: the same or different? Labor Grievances: Mediation topics can go beyond CBA ( unlike arbitration), includes advisory opinion at conclusion of mediation if no agreement, different person used for arbitration with no information from mediation admissible

The Mini-trial Private dispute resolution process Designed to overcome the barrier related to “overestimation of success” Hybrid process Used in complex disputes, where time is of the essence, where business people want to be actively involved in resolution and where trial would be very costly.

Key Components Selection of principals Procedural agreement Use of neutral advisor Negotiation by parties

Discovery Issues How much? Too much is expensive, not enough leaves parties wondering about what is missing? Modified discovery: use of partial deposition Neutral advisor can be used to resolve discovery disputes

Hearing Evidence presented by business staff using visual aids Live testimony unusual but may be used to bring in expert Principals must have settlement authority

Advantages Acts as “reality orienter” for principals Tailored negotiated agreements possible Preserves on-going relationship Face to face negotiation between principals may help to avoid future disputes

Discovery Issues How much? Too much is expensive, not enough leaves parties wondering about what is missing? Modified discovery: use of partial deposition Neutral advisor can be used to resolve discovery disputes

Early Neutral Evaluation Western District Early Assessment Program First meeting within 30 days of last responsive pleading Possibilities include Early Neutral Evaluation (ENE), Mediation, Non-binding Arbitration, Settlement Conference

Key Features Early meeting to define issues, consider views of other side, consider projected costs, consider methods for resolving dispute. Most become a mediation with the Program Administrator, Kent Snapp Parties must attend Random testing established the success of program in terms of both cost and time savings.

SUMMARY JURY TRIALS Court Process Jury impaneled Brief presentation of evidence, no objections Jury “Verdict” Discussion with jury Settlement negotiations usually with judge

Advantages Reality Orientation View other sides evidence Obtain jury perception Counsel can stipulate that result will be binding

Disadvantages Mandatory nature may require disclosure of trial strategy No opportunity for impeachment No evaluation of credibility of witnesses

Mandatory Settlement Conferences Rule 16 Appropriate role of judges Concerns re: coercion Quality of settlements Efficiency concerns

Private Judging Statutory authority Private process Judge must follow substantive and evidentiary rules Judgment is binding, but subject to regular appeal process Judge Judy is example

Advantages Criticisms Selection of judge Speed private “Rich man’s” justice Closed to public “Brain drain”