NCJ Number
100834
Journal
Ohio State Journal on Dispute Resolution Volume: 1 Issue: 1 Dated: (Fall 1985) Pages: 113-120
Date Published
1985
Length
9 pages
Annotation
This article discusses benefits of the corporate minitrial, using the Borden-Texaco dispute in Louisiana as an example, as well as the Center for Public Resources' efforts to promote corporate use of alternatives to litigation.
Abstract
The minitrial, a nonbinding settlement procedure structured to convert a legal dispute into a business problem, has quickly resolved many protracted corporate disputes. Cases are not suitable for a minitrial, however, unless both parties genuinely desire early resolution of the dispute and top management understands its responsibilities in the process. In addition, minitrials are most effective with cases involving mixed questions of law and fact. Resolution of the Borden-Texaco dispute, an extremely complex case that had been in litigation 2 years, demonstrates the minitrial's advantages. The article describes the rules of that trial and the critical role of neutral advisors. Advantages of the minitrial over formal litigation include reduction of time, a greater degree of confidentiality, and more flexibility in the process. Arguments against the minitrial are reviewed, although the author contends that opposition is based more on lack of familiarity than reality. Also described is the Judicial Panel, a group of distinguished lawyers and former judges assembled by the Center for Public Resources to develop alternatives to litigation and serve as neutral advisors, mediators, or facilitators in minitrials and other procedures.