Parties are generally happier with a mediated settlement because they are given a way to solve their own difficulties. The length of a mediation depends on the nature of the dispute, the number of issues, the parties' commitment to mediation and the communication skills of the parties and the mediator. Mediation may consist of one session or may require several sessions. The mini-trial is used when parties want to resolve an issue while protecting their relationship or future business interests. The mini-trial is a flexible procedure.
Parties decide the content, structure, and duration of the procedure.
In a mini-trial, parties select an impartial expert to act as a neutral party. Next, the decision makers meet and negotiate. The decision makers may meet either with or without the neutral party. The goal is to reach a business decision rather than answer a specific legal question. The mini-trial offers executives and officials a chance to do what they do best, which is to identify key issues and take immediate action.