Mini-Trials

Another  option  available  to  counterparties  to  minimize  the  impact of disputes by means of early
resolution  is  the  constitution  of  a  mini-trial  process offering executives an opportunity to gather a
better  understanding of the issues of fact and law at hand and each party’s position in the dispute in
question.

Generally, a  Mini-Trial  involves  representatives  from  each  party  presenting  the  evidence in their
case  to  a  panel  composed  of  one  or  more  of  The Souffront Group’s  neutrals  with the required
background  and  level  of expertise in his or her role as Panel Chair, together with senior executives or
decision-makers from each of the parties to the dispute.

A  mini-trial  gives  the parties the opportunity to both practice and preview the presentations of their own
cases and, more importantly, to assess the strengths and weaknesses of the parties’ positions.

A  critical  component  of  the Mini-Trail  methodology  is the importance of the business perspective in  
the  dispute  with  the  aim  of  providing   senior  executives  and   decision-makers  a  significant
opportunity to actively participate in the resolution of disputes. One of the main roles of The Souffront
Group’s panel  of expert neutrals, as Panel Chairs, is to ensure that the business perspectives of the
parties are duly taken into consideration throughout the entire process.

In  the  event  that  a  satisfactory  settlements  in not reached, the parties may request a non-binding
advisory opinion from the Panel Chair discussing the relevant issues of law and fact that support the non-
binding opinion.

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