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See also Fed. R. Civ. P. 16 (summary jury trial). A summary jury trial is an alternative dispute technique in which the opposing attorneys present their case, in abbreviated form, to a mock jury, which proceeds to render a non-binding verdict. See In re NLO, Inc., 5 F.3d 154, 156 (6th Cir. 1993); see generally Thomas D. Lambros, The Summary Jury Trial Report to the Judicial Conference of the United States, 103 F.R.D. 461 (1984). A summary jury trial (like a non-binding mediation) does not require any disclosures beyond what would be required in the ordinary course of discovery, its principal disadvantage to the litigants is that it may prevent them from saving surprises for the time of trial. Since trial by ambush is no longer in vogue, that interest does not deserve protection. See Fed. Reserve Bank v. Carey-Canada, Inc., 123 F.R.D. 603, 606 (D. Minn. 1988). In Strandell v. Jackson County, 838 F.2d 884 (7th Cir. 1987), the Seventh Circuit held that a district court does not possess inherent power to compel participation in a summary jury trial.

In the court's view, Fed. R. Civ. P. 16 occupied the field and prevented a ...

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