Executive Panel Resolution – Thailand’s Mini-Trial Process

When two parties find themselves entrenched in a complex commercial dispute, yet wish to resolve matters outside full litigation, a mini-trial offers an effective alternative. At BASE Law Firm, we assist clients who wish to engage in this structured form of ADR, enabling senior executives to engage in settlement-focused dialogue based on condensed presentations, expert input and strategic negotiation.

Our service include:

Mini-trial suitability assessment
Process design and structuring
Evidence and presentation preparation
Senior-executive briefing support
Settlement drafting and finalization
Post-process litigation guidance

When a Mini-Trial Is Appropriate

This technique is especially suitable for high-value or intricate disputes (for example: major construction or engineering contracts, long-term supply or take-or-pay agreements, product-liability claims, antitrust or competition issues). The mini-trial accelerates resolution by avoiding the scale and expense of full court hearings, while preserving confidentiality and business relationships.

How the Mini-Trial Works

Agreement to Proceed
The parties first agree in writing to submit their dispute to a mini-trial. They commit senior management delegates with actual authority to settle and may appoint a neutral adviser or expert to assist.
Brief, focused presentations
Each side presents a streamlined version of their case: key facts, arguments, evidence and expert commentary. Unlike formal court trials, full pleadings, exhaustive discovery and strict rules of evidence are avoided.
Panel deliberation & negotiation
After the presentations, the senior representatives convene to negotiate a settlement, often guided by the neutral adviser’s view on how the case might fare in court. This realistic assessment frequently leads to pragmatic solutions.
Settlement documentation
If a settlement is reached, terms are recorded in writing and signed by representatives of both parties, becoming contractually binding. The process is private and the content typically cannot be used later in litigation.

What You Gain

Speed and efficiency: The procedure is significantly faster than full litigation or arbitration.
Confidentiality: Discussions and disclosures during the process remain private and cannot be used in subsequent court proceedings.
Senior decision-maker involvement: By engaging top management who comprehend business context and have settlement authority, resolution is more likely and relationships are preserved.
Realistic view of risk: The parties gain clearer insight into their strengths and weaknesses through direct exchange of summary arguments and adviser commentary.

Practical Considerations & Risks

Preparation still matters: Even though the format is abbreviated, collecting key evidence, framing your case clearly and choosing appropriate senior representatives are essential.
Senior management time-commitment: As the process requires involvement of decision-makers, the scheduling and availability of those persons must be handled carefully.
Binding nature: Unless the parties agree otherwise, the mini-trial produces a settlement contract rather than a court judgment. If no agreement is reached, litigation or arbitration may still follow.
Use of information: While the process is confidential, parties should be cautious about exposing proprietary or highly sensitive information unless the advantages outweigh the risk of subsequent proceedings.

How BASE Law Firm Supports You

BASE Law Firm provides comprehensive legal and strategic guidance for clients considering a mini-trial:

Suitability assessment: We evaluate whether your dispute is properly suited for a mini-trial versus mediation, arbitration or litigation.
Process design: We help structure the procedure, drafting the mini-trial agreement, selecting senior representatives, and determining whether a neutral adviser or expert panel should be involved.
Preparation and presentation: Our lawyers assist with refining your summary presentation, choosing key supporting materials, preparing your senior management delegation and anticipating the opponent’s position.
Settlement implementation: If the parties reach agreement, we ensure the settlement is documented correctly and enforceable; if not, we advise on next-steps including litigation or arbitration.

Summary

When a dispute is too important to leave to chance but too complex or relationship-sensitive for full trial, a mini-trial offers a pragmatic, high-level resolution path. With expert support from BASE Law Firm, you can undertake the process with confidence, engaging senior leaders, focusing on real outcomes, and working toward settlement in a disciplined yet flexible setting.

If you are involved in a significant business conflict and wish to explore whether a mini-trial is appropriate, contact BASE Law Firm today for tailored advice and representation.