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Mock
Jury Trials • Focus Groups •
Jury Trials
Jury verdicts are nearly impossible
to predict. However, a properly structured mock jury trial or focus group
can provide valuable insights to focus your trial or settlement strategy.
BENEFITS
Mock Trials and Focus Groups allow you to test:
• Theme acceptance
• Issue identification
• Verdict range and rationale
• Witness credibility
We allow ample opportunity to question the jurors with the assistance
of the moderator.
MOCK JURY TRIALS
We start with an initial meeting with the clients to discuss exactly what
information they seek to gain from the process and their goal in engaging
our services. We will discuss our views on what has proven successful
for other clients.
The client must decide on the number of jurors they desire (we suggest a minimum of twelve and two alternates), and the format of the trial.
Format questions include:
• Live testimony or reading in testimony
• Actual witnesses or actors
• Which counsel play which roles
• Jury instructions and jury interrogatories
Jurors are selected from the venue of the case or claim. They will represent
the population of the venue on characteristics such as age, race, sex,
education and income based on the latest census data. The jurors are selected
by ADR Options; counsel does not engage in any voir dire.
The trial itself may be a half day to a couple of days; this again is
decided by the client. The jury is charged on the law and then deliberates
to render a verdict. The juror deliberations are videotaped and observed
by counsel.
Counsel and the moderator will then spend sufficient time questioning
the jurors on their thoughts, feelings and deliberations to gain insight
from each juror and from the entire panel. Our clients typically find
this to be a very valuable part of the process. We suggest that the clients
have a list of questions prepared prior to speaking with the jurors.
COST
The cost of mock jury services depends on the number of jurors, services
requested and the number of trial days. We reach agreement on a daily
fee prior to the trial. We do not provide trial strategy feedback, exhibit
design or other services related to your trial preparation. However, the
moderator will give you his thoughts on the key points ascertained from
the research. This allows us to keep our price well below our national
competitors.
FOCUS GROUPS
This is a different concept than a mock jury trial because the participants
are not told they are jurors and the jury is not instructed on the law.
The process involves explaining to the group the purpose of the meeting,
what you will present and what you expect from them. The discussion will
usually be controlled by a moderator. The panel members are also selected
from the venue of the case or claim.
Since this process is usually shorter than a mock jury trial, the cost may be less than a mock jury trial.
MOCK BENCH TRIALS / MOCK ARBITRATIONS
These processes do not involve a jury. The clients select one or more
of our judges or arbitrators to listen to their case, including the presentation
of witnesses; and then our arbitrator provides feedback on trial/arbitration
strategy, witness credibility, settlement strategies, expert testimony,
verdict potential and other important information. In some cases our clients
have requested more than one arbitrator.
PRIVATE JURY TRIALS
This allows you to try your case when you and your clients want to try
the case, not when the court system demands you try the case.
Counsel for the parties need to agree on:
• Size of the jury pool
• Size of the jury
• Number of strikes allowed during voir dire.
• Other procedural issues as defined by the presiding judge and
counsel.
Since this is a binding non-appealable process, counsel must be certain
to agree on the Rules of Procedure, the Rules of Evidence and other issues
of concern to each side.
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