Alternative Dispute Resolution : Mini Trial Essay

Alternative Dispute Resolution : Mini Trial Essay

Length: 732 words (2.1 double-spaced pages)

Rating: Better Essays

Open Document

Essay Preview

Alternative Dispute Resolution: Mini-Trial
Disputes are almost unavoidable between people when there are disagreements or misunderstandings. In the construction industry, contractual relationships could lead to dispute. To resolve disputes, construction disputes are most likely encouraged to use Alternative Dispute Resolutions such as arbitration, mediation, and mini-trials to resolve their disputes faster and keep the dispute confidential and at lower cost (Ray, 2000). The construction case presented in this paper first resorted to negotiation; however, it could not give the parties a resolution which led to a mini-trial.
A mini-trial is not a trial but it is a hybrid dispute resolution which consists of both mediation and arbitration. To start, a brief explanation of mediation and arbitration will make a better understand of how and why the case was settled after a mini-trial and not during negotiation. First off, mediation is a type of negotiation with a third party to help the disputant parties make a settlement (Coltri, 2009). But can only be successful if both parties cooperate and are sincerely hoping to make a settlement. The mediator (third party) resolving the parties’ dispute is usually knowledgeable in the field of the disputants’ issue. In the process of mediating, the mediator listens to both the disputants communicate about their situation and brings them to understand whether their demands are reasonable or not (Ray, 2000). And arbitration is similar to a judicial court trial in some ways. The similarity in the way it functions includes each party giving an opening statement, evidence, witnesses, and a closing settlement (Ray, 2000). The difference in the way it is structured is that instead of a judge and jury, th...


... middle of paper ...


...n 4 hours under representative to present their cases and a closing statement after each case was presented (Ray, 2000). Four weeks after their mini-trial both parties agreed to settle at $3.5 million (Ray, 2000).
Although the negotiation couldn’t give the disputants a resolution to the disputes, it was an advantage to helping the parties understand the strength and weaknesses of each other (Smith, n.d). The mini-trial let them exchange information between the disputants and summarize their understanding of their strengths and weaknesses. Aside from the arbitrators’ conclusion, exchanging information and summarizing strength and weaknesses helped them make a settlement based on those understandings. Aside from the 5 months of negotiation, the mini-trial helped preserve business relationships, saves times and also costs less in comparison to litigation (Smith, n.d.).

Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »

Alternative Dispute Resolution (ADR) Essay

- Alternative Dispute Resolution (ADR) Today the United States is a "sue happy" country. Over the last fifty years the crime rate has gone up. According to NationMaster.com, United Stated rank first in total crime with 23,677,800 which is much more than the second place Germany with 6,264,720. Total crime in this only includes rapes, murders, assaults, car theft. This information comes from the Seventh United Nations Survey of Crime Trends which covers 1988 to 2000. We have been introduced to a lot of new crimes that has arisen from the constant advancement in technology and more....   [tags: Court Case ADR Lawsuit]

Free Essays
1712 words (4.9 pages)

Law: Alternative Dispute Resolutions Essay

- Law is defined as any system of regulations that governs the conduct of the people of a community, society or nation, in response to the need for regularity, consistency and justice based upon collective human experience (dictionary.law.com). This means that laws were created as fair system to help society to keep the peace, shape morals, support social policies, encourage cooperation between different entities, and to maximize individual freedoms. This case in particular involves a breach of a service contract between James’ painting business and Stan....   [tags: regulation system, community, justice]

Better Essays
1065 words (3 pages)

Essay on Alternative Dispute Resolution

- Alternative Dispute Resolution Resolution in the courts is not the only method of dispute resolution. If the parties can resolve their own differences then there would be no need to use the court system which would benefit all parties being the claimant, defence and the civil justice service. Although the court service is a good and fair way of dealing with civil disputes in might not be the ideal way in getting the best result for both the parties. There are four main ways of alternative dispute resolution (ADR) they are; Negotiation, Mediation, Conciliation and Arbitration (also known as a Formal Settlement Conference or mini-trial)....   [tags: Papers]

Better Essays
2260 words (6.5 pages)

Essay on Alternative Dispute Resolution

- Alternative Dispute Resolution There are various ways of settling disputes without using the civil courts, these are knows as Alternative Dispute Resolution, or ADR which are used mainly in construction, family, commercial and employment issues. There are 3 main types of ADR: conciliation, mediation and arbitration, this essay will explore how they work and what is involved in each process. Mediation A mediator, a neutral third person is appointed to help both parties reach an agreement, which they will both find acceptable, already we can see an advantage over court hearings because in court hearing only one person can win fully, whereas in mediation both pa...   [tags: Papers]

Better Essays
1247 words (3.6 pages)

Electronic Contracting And Its Impact On The United States Essay

- Electronic Contracting Imagine the process of Government contracting during the 70s, 50s and all the way back to the 40s when every contract action was done without the benefit of the internet – I can’t. Electronic contracting (EC) changed the way the United States do business by expediting the acquisition of good and services and broadening opportunities for vendors. One important contribution of EC is the ability for agencies to procure goods and services using the GPC at websites designed for Government acquisition....   [tags: Contract, Negotiation, Dispute resolution]

Better Essays
1023 words (2.9 pages)

Essay on The Pros and Cons of Alternative Dispute Resolution

- This essay will provide a detailed examination of what Alternative dispute resolution (ADR) is, particularly mediation, the various techniques of ADR, the advantages and disadvantages of ADR; and whether or not courts should have the authority to compel individuals into undertaking mediation or other forms of ADR. This essay argues against courts having the power to compel litigants into mediation but may be afforded powers to encourage parties to go through mediation at first instance. This essay will base its arguments on whether courts should compel civil litigants to follow the ADR route upon the perceived advantages of ADR and its success rate....   [tags: Alternative Dispute Resolution Essays]

Better Essays
2720 words (7.8 pages)

Alternative Dispute Resolution ( Adr ) Essay example

- For each of the following scenarios, state whether you believe litigation, ADR, or criminal prosecution is the appropriate response and explain your answer, citing information from the textbook as support for your positions. Adele is a secretary for her company. As part of her responsibilities, she can write checks for the purchase of office supplies. One week, she is short on cash and may not have enough money to buy groceries for herself and her daughter. She writes a check out to herself, intending only to do this once and reimburse the account....   [tags: Dispute resolution, Mediation]

Better Essays
1158 words (3.3 pages)

Essay on Questions On Online Dispute Resolution

- WEEK 4 – DISCUSSION. Online Dispute Resolution What do you see as the advantages and disadvantages in applying online Dispute Resolution. Please provide the details of your reasoning for your response. Doing online business is a very convenient way to buy products with just a click of the mouse. However, when we click that mouse, do we know what organization we are purchasing from. When purchasing online, you cannot see the condition of the product. Such as the quality, size, and is it actually what you are purchasing....   [tags: Dispute resolution, Mediation]

Better Essays
885 words (2.5 pages)

Alternative Dispute Resolution Summary Essay

- In Alternative Dispute Resolution (ADR), the informal dispute resolution process, each involved party mutually agrees to meet with a professional third party to constructively and efficiently resolve their dispute rather than go to court. Through ADR, the parties are encouraged to engage in negotiations that promptly lead to the resolution of their dispute. The most common forms of ADR are mediation and arbitration. Although ADR is usually conducted on a voluntary basis, sometimes the courts require it before the case is taken to court....   [tags: ADR Conflict Resolution]

Free Essays
763 words (2.2 pages)

Alternate Dispute Resolution Essay

- Alternate Dispute Resolution Alternate Dispute Resolution has many benefits serving as a legal substitute for resolving civil disputes. Most courts prefer the proceedings of an ADR as appose to Litigation. In some counties the option of ADR must be analyzed before attempting to initiate the proceedings of litigation. Most district courts along with appeal courts will oversee the negotiations of an ADR. In some circumstances ADRs do not settle well and in those instances the involvement of the courts will resolve the remaining disputes....   [tags: Alternate Dispute Resolution]

Free Essays
1409 words (4 pages)