The hearing stage . Representatives present their respective positions to the officials. Each representative is given a specific amount of time within which to make the presentation. How that time is utilized is solely at the discretion of the representative. There may also be an opportunity for rebuttal and a questions and answer period for the officials.
Officials meet to discuss resolving the dispute.
The mini-trial agreement should establish a time limit within which officials either agree to settle the matter or agree to resume the underlying litigation. These discussions are settlement negotiations and, as such, may not be used by either party in subsequent litigation as an admission of liability or willingness to agree on any aspect of settlement. The agreement may provide for services of a neutral advisor. A potential source of a neutral advisor is the EBCA, which has substantive experience, established reputation for objectivity and cost effectiveness. Other federal agencies can provide neutrals at minimum cost.