Pre-Trial

Question 1

Alternative Dispute Resolution (“ADR”)

Answer 1

dispute resolution process intended to expedite resolution and reduce costs, e.g., arbitration or mediation

Question 2

Arbitration

Answer 2

alternative dispute resolution process in which each party presents its case to a neutral third party called an “arbitrator,” who issues an award as would a judge; may be binding or non-binding

Question 3

Case Management Conference (“CMC”)

Answer 3

conference where attorneys and parties set various dates including discovery deadlines, mandatory settlement conference, final status conference and trial; not held in all cases

Question 4

Expedited jury trial

Answer 4

a short jury trial before a reduced jury panel, which may be either a voluntary expedited jury trial or, as of July 1, 2016, a mandatory expedited jury trial

Question 5

High/low agreement

Answer 5

an agreement which specifies the minimum amount the plaintiff is guaranteed to receive, and the maximum amount the defendant will be liable for, regardless of the verdict in an expedited jury trial

Question 6

Initial trial date

Answer 6

the date first set for trial to begin; triggers important deadlines (see § 7.5)

Question 7

Jury instructions

Answer 7

statements of the legal principles and rules applicable to the disputed claims and defenses

Question 8

Mandatory Settlement
Conference Mediation
(“MSC”)

Answer 8

conference where judge, attorneys and parties discuss the possibility of settling the case without going to trial

Question 9

Mediation

Answer 9

alternative dispute resolution process in which a neutral person facilitates communication between the parties to assist them in reaching a mutually acceptable settlement

Question 10

Trial de novo

Answer 10

Latin for trial from the beginning

Question 11

Trial setting date

Answer 11

date on which the initial trial date is selected or announced; triggers important deadlines (see § 7.5)