The Private Mini-trial: Sample Form of Agreement
| Publication year | 1985 |
| Pages | 1794 |
| Citation | Vol. 14 No. 9 Pg. 1794 |
1985, October, Pg. 1794. The Private Mini-Trial: Sample Form of Agreement
In the June 1985 issue of The Civil Litigator we presented an article entitled: "Private Mini-Tri al: Another Settlement Technique," authored by W. David Pantle and C. Brad Peterson, of the firm of Sherman and Howard.(fn1) Following the publication of that article, the Editorial Committee of this column received several requests to publish the actual agreement used during the mini-trial described in that article. The authors kindly consented to the use and publication of that Agreement, which is reproduced here.
Although there are a number of other possible forms for a mini-trial or for alternative dispute resolution, as described in the June article, the publication of this Agreement should be of use in stimulating thoughts as to possible methods of settling or resolving actions outside of the confines of the courtroom.
The names of the parties and the specific details in the Agreement have been changed in order to preserve the confidentiality of the parties to the original agreement.
1. ABC Contracting, Inc. and XYZ Oil Co., collectively referred to herein as "the parties," agree to engage in a non-binding Mini-Trial for the purpose of attempting to resolve the issues raised by ABC Contracting in an action styled ABC Contracting Co. v. XYZ Oil Co., Denver District Court No _____ CV ____. The Mini-Trial shall be held on a mutually agreeable date at a mutually agreeable location in Texas.
2. Business representatives of the parties who are empowered to negotiate and to make settlement recommendations to their respective Boards of Directors with respect to the issues presented at the Mini-Trial will attend and will be present throughout the proceedings. The business representatives of the parties shall not be directly responsible for or involved with the issues attempted to be resolved through the Mini-Trial. The business representative for ABC Contracting shall be I. M. Driller. The business representative for XYZ Oil shall be Joe Bob Cash.
3. In addition to the business representatives named above, a person to be selected by mutual agreement, as Neutral Advisor, will attend the Mini-Trial and will be present throughout the proceedings. This person will be selected as soon as practicable after this Agreement has been executed by both parties, and if available, shall be a retired judge residing in the Oklahoma City, Oklahoma area. The fees and expenses of the Neutral Advisor will be shared equally by the parties, irrespective of the outcome of the Mini-Trial. The Neutral Advisor will be provided with a copy of this Agreement, together with all appendices, and various other statements and material which have been mutually agreed to by the parties. Neither of the parties nor the representatives of the parties shall unilaterally approach, contact, or communicate with the Neutral Advisor. The parties represent and warrant that they will make a diligent effort...
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