MINI SUĐENjE (MINI – TRIAL) – NOVI TALAS U REŠAVANjU MEĐUNARODNIH PRIVREDNIH SPOROVA

Abstract

The mini - trial is an alternative dispute resolution (ADR) procedure that is used by businesses to resolve legal issues without incurring the expense and delay associated with court litigation. It does not result in a formal adjudication but is a vehicle for the parties to arrive at a solution through a structured settlement process. It is used most effectively when complex issues are at stake and the parties need or wish to maintain an amicable relationship. The term ’mini - trial’ is a misnomer, as it is not a trial, mini or otherwise. Rather, it is a voluntary, private, informal, confidential and non-binding settlement technique used most frequently in international disputes between corporations from different countries and cultures. It allows the disputants to focus on the merits of the dispute instead of dealing with procedural issues which differ from one legal system to another. Mini- trial is most helpful in case involving complex factual disputes which are always more amenable to consensual resolution processes, although mixed questions of fact and law may be also be appropriate for mini-trial if there is no need for a definitive judgment on the law.