“Trying” to Resolve Disputes

Delaware ADR introduces a structured process to evaluate litigation risk and create meaningful opportunities for resolution. Neutral trial assessment offers parties the opportunity to present a streamlined, non-binding mock trial. Parties receive a prompt, reasoned decision on the merits, along with ex parte sessions for each party to receive tailored feedback on its positions and presentation from an experienced Delaware jurist.

First: TRY the Parties’ Case

• Non-binding bench/mock trial before a Professional Neutral or panel 

• Streamlined presentations of evidence and legal arguments by all parties (asynchronous or synchronous)

• Optional final reasoned decision

• Post-decision ex parte sessions with your Professional Neutral(s) evaluating legal arguments, evidentiary presentations, litigation risk, strengths and weaknesses

Second: RESOLVE the Parties’ Dispute

• Use the Professional Neutral’s feedback to negotiate a commercially reasonable resolution

• Potential for rolling process into expedited mediation or tailored arbitration

Neutral trial assessment is ideal for protracted or entrenched disputes with significant questions of law or fact–in other words, cases where the parties have developed a record but a path to resolution outside of the courtroom is difficult to envision.