Which ADR process involves a jury being selected and presented with evidence that would be used at a real trial?

Which ADR process involves a jury being selected and presented with evidence that would be used at a real trial?

• A. Early Neutral Evaluation (ENE)
• B. Dispute review board
• C. Mediation
• D. Summary jury trial

Answer: (D)

The idea being tested is distinguishing ADR processes by how closely they resemble a real trial. In a summary jury trial, a jury is actually selected and a condensed version of the dispute is presented with evidence as it would be in a real courtroom. The key point is that the presentation is trial-like, but the verdict is nonbinding or advisory, and its purpose is to give the parties a realistic sense of how a real trial might turn out to spur settlement. This is what makes it the best fit: you get a limited, trial-style proceeding with a jury and evidence presentation, yet the outcome isn’t binding, so it serves as a powerful pressure point to settle. The other processes don’t involve a jury or trial-like evidence presentation. Early Neutral Evaluation uses a neutral evaluator to give an opinion on merit, not a jury verdict. A Dispute Review Board provides a panel to review and issue recommendations on construction disputes, not a courtroom-style trial. Mediation centers on facilitated negotiation with a mediator and no formal evidence presentation or jury verdict.

The idea being tested is distinguishing ADR processes by how closely they resemble a real trial. In a summary jury trial, a jury is actually selected and a condensed version of the dispute is presented with evidence as it would be in a real courtroom. The key point is that the presentation is trial-like, but the verdict is nonbinding or advisory, and its purpose is to give the parties a realistic sense of how a real trial might turn out to spur settlement.

This is what makes it the best fit: you get a limited, trial-style proceeding with a jury and evidence presentation, yet the outcome isn’t binding, so it serves as a powerful pressure point to settle. The other processes don’t involve a jury or trial-like evidence presentation. Early Neutral Evaluation uses a neutral evaluator to give an opinion on merit, not a jury verdict. A Dispute Review Board provides a panel to review and issue recommendations on construction disputes, not a courtroom-style trial. Mediation centers on facilitated negotiation with a mediator and no formal evidence presentation or jury verdict.