Mini trial

What is a Mini-Trial ?

The mini-trial helps a contracting party wishing to settle a dispute rapidly allowing it to continue its normal business relations with the other party. Both parties directly participate in the proceedings. Each party must appoint a senior representative as assessor in the mini-trial committee. The chair of the mini-trial committee is appointed by CEPANI. Its’ task is to reach a consensus and achieve a valid agreement between the parties.

For this mission to succeed, it is essential that each party appoint a person of sufficiently high level - the CEO of the company or a senior executive - in order to be able to take sufficient distance from the dispute and consider the interests of the company. The assessors must also be able to bind the company.

What is the difference between mediation and mini-trial?

The main difference between mediation and mini-trial lies in the involvement of the mini-trial committee instead of a mediator.

The chairperson of the mini-trial committee is free to consult individually with each party's representatives.

Costs

The costs of a CEPANI mini-trial proceeding include, on the one hand, the fees and costs of the chair of the mini-trial committee and, on the other hand, the administrative costs of the Secretariat, which are equal to 10% of the amount due for the fees and costs of the chair of the mini-trial committee.

Upon receipt of the Request for mini-trial, CEPANI asks the parties to settle, within one month, an advance to cover the costs of the mini-trial. This advance is determined on the basis of a fee scale drafted for mini-trial proceedings. This scale of costs takes into account the amount in dispute. The advance is due in equal parts by each party.

Standard Mini-Trial Clause

The Parties who wish to refer to the CEPANI mini-trial Rules are advised to insert the following clause in their contracts:

“The Parties hereby undertake to apply the CEPANI mini-trial Rules for all disputes arising out of or in relation with this agreement.”

The following provisions may be added to this clause:

“The seat of the mini-trial shall be [           ]”.

“The proceedings shall be conducted in the [            ] language”.

“Should the mini-trial fail, the dispute shall be finally settled under the CEPANI Rules of Arbitration by one or more Arbitrators appointed in accordance with those Rules”.