(5) A forum in which the parties and Non-binding Advisory Opinion. their counsel present their position before one or more neutral(s). The neutral(s) then issue(s) a non-binding advisory opinion regarding liability, damages or both. (6) A forum in which a neutral investigates and Neutral Fact Finding: analyzes a factual dispute and issues findings. The findings are non-binding unless the parties agree to be bound by them. Facilitative Processes (7) A trial in which a neutral third party facilitates Mediation: communication between parties to promote settlement. A mediator may not impose his or her own judgment on the issues for that of the parties. Hybrid Processes (8) A forum in which each party and their counsel present Mini-Trial: its position before a selected representative for each party, a neutral third party, or both, to develop a basis for settlement negotiations. A neutral may issue an advisory opinion regarding the merits of the case. The advisory opinion is not unless the parties agree that it is binding and enter into a written settlement agreement. (9) A hybrid of mediation and Mediation-Arbitration (Med-arb): arbitration in which the parties initially mediate their disputes; but if they reach impasse, they arbitrate any deadlocked issues. (10) Parties may by agreement create an ADR process. They shall Other: explain their process in the Informational Statement. A is an individual or organization who provides (b) Neutral. “neutral” an ADR process. A neutral” is an individual or organization included on the “qualified State Court Administrator’s roster as provided in . An individual neutral must have
(5) Non-binding Advisory Opinion. A forum in which the parties and their counsel present their position before one or more neutral(s). The neutral(s) then issue(s) a non-binding advisory opinion regarding liability, damages or both. (6) Neutral Fact Finding: A forum in which a neutral investigates and analyzes a factual dispute and issues findings. The findings are non-binding unless the parties agree to be bound by them. Facilitative Processes (7) Mediation: A in which a neutral third party facilitates communication between parties to promote settlement. A mediator may not impose his or her own judgment on the issues for that of the parties. Hybrid Processes (8) Mini-Trial: A forum in which each party and their counsel present its position before a selected representative for each party, a neutral third party, or both, to develop a basis for settlement negotiations. A neutral may issue an advisory opinion regarding the merits of the case. The advisory opinion is not unless the parties agree that it is binding and enter into a written settlement agreement. (9) Mediation-Arbitration (Med-arb): A hybrid of mediation and arbitration in which the parties initially mediate their disputes; but if they reach impasse, they arbitrate any deadlocked issues. (10) Other: Parties may by agreement create an ADR process. They shall explain their process in the Informational Statement. (b) Neutral. A “neutral” is an individual or organization who provides an ADR process. A “qualified neutral” is an individual or organization included on the State Court Administrator’s roster as provided in . An individual neutral must have trial
SJI_Final_Report_Appendices_Section_I.docx