Rule 1.3. Non-Binding Alternative Dispute Resolution Methods Governed by These Rules
Effective January 1, 2025
(A) Mediation.
This method is a process in which a neutral third person, called a mediator, acts to encourage and to assist in the resolution of a dispute between two or more parties. It is an informal and nonadversarial process. The objective is to help the disputing parties reach a mutually acceptable agreement between or among themselves on all or any part of the issues in dispute. Decision-making authority rests with the parties, not the mediator. The mediator assists the parties in identifying issues, fostering joint problem-solving, exploring settlement alternatives, and in other ways consistent with these activities.
(B) Arbitration.
This method is a process in which a neutral third person or a panel, called an arbitrator or an arbitration panel, considers the facts and arguments presented by the parties and renders a decision. The decision of the arbitrator is non-binding.
(C) Mini-Trials.
A mini-trial is a settlement method in which each side presents a highly abbreviated summary of its case to senior officials who are authorized to settle the case. A neutral advisor may preside over the proceeding and give advisory opinions or rulings if invited to do so. Following the presentation, the officials seek a negotiated settlement of the dispute.
(D) Summary Jury Trials.
This method is an abbreviated trial with a jury in which the litigants present their evidence in an expedited fashion. The litigants and the jury are guided by a neutral who acts as a presiding official who sits as the judge. After an advisory verdict from the jury, the presiding official may assist the litigants in a negotiated settlement of their controversy.
(E) Private Judges.
This method is a process in which litigants employ a private judge, who is a former judge, to resolve a pending lawsuit. The parties are responsible for all expenses involved in these matters, and they may agree upon their allocation.
(F) Other Forms of Non-Binding Alternative Dispute Resolution.
Any other non-binding method of alternative dispute resolution that allows the parties to resolve their disputes and is court-ordered or court-approved is encouraged by these rules.
Version History
Effective | Obsolete | Amended |
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current | - | - |
01-01-2017 | 01-01-2025 | 12-19-2024 |