In the relatively rare case where two parties agree on the principle of the facts and disagree only with the law, summary judgment in a court action may in fact be the quickest way to resolve. But traditional forms of adversarial negotiations and litigation generally do not respond to anyone`s request to find a quick solution. Mediation is often the quickest solution because it is entirely under the control of the contestants. Minitrials can also be fast, but they work best if at least a short period of discovery is preceded. The same is true for the summary trial of the jury, but so far the parties have generally used SJT only after a complaint has already taken a long time and energy. Arbitration can be very fast if lawyers on both sides wish, but the discussers cannot fully control the speed of the trial because they have to work with an independent arbitrator and within a sponsorship organization (such as the AAA) administrative requirements. One known case of a successful mini-trial involved Allied Corporation and Shell Oil. After five or six years of litigation over a contractual dispute, Shell finally filed a complaint. Four years later, legal fees had swallowed up hundreds of thousands of dollars and the judicial investigation was not over. Lawyers for both companies decided to use the Minitrial in a last-ditch attempt to resolve the case without trial.

After a brief hearing, the parties re-opened the 10-year dispute almost at a time. We can only guess how much time, money and bereavement could have been avoided by trying a minitrial earlier. The relationship. The ADR is very good at resolving business-to-business disputes, with mutually beneficial relationships that both parties wish to maintain. Conversely, disputes arising from individual transactions between parties that have no common future are more difficult to resolve outside the courts. Litigation usually generates enough criticism to break the most profitable relationship. Even the most contradictory adr techniques, arbitration, is significantly less likely to destroy commercial obligations because of its informality and privacy. The arbitrators then became mediators and negotiated two new agreements, one solving almost all the problems of the past and the other regulating future relationships.

Then the panel changed its role again by incorporating the agreements into a binding arbitration decision. Fujitsu has obtained a retroactive license for the use of certain programs and IBM has relinquished its copyright. In the future, each company had to license its operating systems for use on the other company`s hardware whenever customers requested it.