What is a judicial mini trial?

A judicial mini trial is a non binding, flexible ADR process, involving counsel for all of the parties to the litigation, who present arguments to the judge, in the presence of the clients. Neither the judge nor the counsel is gowned during the presentation. An agreed Statement of Facts should be prepared, if possible, together with copies of expert reports, medical reports and authorities attached. No evidence is adduced. Rather, arguments are presented based on agreed facts or facts essentially agreed upon. Counsel may refer to evidence from Examinations for Discovery. Counsel, by arrangement with the Trial Co-ordinator, make an appointment with the mini trial judge assigned to the timeframe for which the appointment is arranged, and the judge is then able to assess whether or not a mini trial is appropriate, and confirm the date for the mini trial, and the time to deliver briefs. Usually the mini trial takes no more than one or two days. The non binding opinion of the judge rendered at the conclusion of the mini trial is strictly confidential. The mini trial judge will not discuss the opinion given at the mini trial with anyone else on the bench. No costs are assessed at the mini trial. If the parties are unable to conclude a settlement, the case will proceed to trial in the normal manner.