Consultation Paper on Alternative Dispute Resolution - Law Reform ...

settlement is not reached, the advisor may be asked what the likely trial
outcome would be and so acts then as an arbitrator in a non-binding arbitration.
At the mini-trial, lawyers for each side make summary presentations, generally
in the range of one to six hours. Witnesses, experts or key documents generally
may be used. Once an agreement is reached, it is enforceable as a contract
between the parties. 117
2.122 The judicial mini-trial, used in Canada and the United States, is a
voluntary process similar to early neutral evaluation. The primary difference is
that a judge serves as the evaluator. In the process, the parties‘ legal
representatives present brief argument to a judge, who will not be the judge if
the case goes to trial. The judge hears both sides and then meets with the
parties and their legal representatives in an attempt to resolve the dispute. In
doing so, the judge may point out the strengths and weaknesses of each party‘s
case.
(4) Court Settlement Process
2.123 Court settlement process is a process similar to the judicial mini-trial
and was introduced into the England and Wales Technology and Construction
Court in 2006 as a pilot scheme. It is a confidential, voluntary and non-binding
dispute resolution process in which a settlement judge (who is a judge of the
Technology and Construction Court) assists the parties in reaching an amicable
settlement at a court settlement conference. 118
2.124 Unless the parties otherwise agree, during the court settlement
conference the settlement judge may communicate with the parties together or
with any party separately, including private meetings at which the settlement
judge may express views on the disputes. Each party must cooperate with the
settlement judge. A party may request a private meeting with the settlement
judge at any time during the court settlement conference. The parties shall give
full assistance to enable the court settlement conference to proceed and be
concluded within the time stipulated by the settlement judge. If an agreement is
reached, it becomes binding on the parties once they sign the agreement. If no
settlement is reached, the case continues, but with a different judge. The
settlement judge cannot be called as a witness in any future proceedings
117 See Alberta Law Reform Institute Research <strong>Paper</strong> on Dispute Resolution: A
Directory of Methods, Projects and Resources‘ No. 19 July 1990 at 26; Alberta
Law Reform Institute Discussion <strong>Paper</strong> on Civil Litigation: The Judicial Mini-Trial
(1993);and Henderson ―Avoiding Litigation with the Mini-Trial: The Corporate
Bottom Line As Dispute Resolution‖ (1995) S C L Rev 237.
118 For more information on the court settlement process see www.hmcourts-
service.gov.uk/docs/tcc_court_settlement_process.pdf.
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