Jury Mediation
Plaintiff has severe damages as a result of the incident.
Defense acknowledges injuries, but liability, causation, and key facts are disputed.
Demand is $2 million, offer is $50,000.
Parties feel their differences are too great, and mediation would be a waste of time.
With the assistance of your mediator, key issues are identified where a jury's feedback is needed. After identifying those issues, both sides present their case (either jointly or separately) to a focus group arranged and moderated by Decision Analysis. A jury consultant works with the jury as they deliberate, while all parties and your mediator observe the jurors' reactions.
The findings and discussions of the focus group "jurors" play a key role in re-evaluating the strengths and weaknesses of the parties' positions, enabling the mediator to productively utilize the jurors' feedback, dramatically increasing the likelihood of ultimate resolution.
- Judicate West's mediators are continuously trained in this specialized process to ensure success
- Cost is reasonable and split among the parties
- Format can be designed in any way to suit the case and the needs of the parties
The response to Jury Mediation has been incredible. Why? Litigators finally have an advanced resolution tool to break any impasse where traditional mediation has failed.
The process, while effective, is not for everyone. Both sides need to be prepared to hear direct and candid feedback from the jurors, mediators, and the trial consultant. This feedback can be surprising and even unsettling. But better now than the end of the trial.
"I suggested jury mediation on a case where both sides were at polar opposites in viewing liability. The debrief of the jurors educated the parties and counsel, and empowered me in helping them re-evaluate their positions. This process works, the case settled. If we didn't go with this process, the case would have definitely headed to trial."
- Hon. Russell Bostrom, Ret.
Mediator
"The [Jury Mediation] provided the first impressions of potential jurors that was both constructive and eye-opening. On a case that wasn't going to settle, the frank comments of our focus group brought about a significant change in the posture of the parties, such that resolution was achievable."
- Christopher Hiddleson, Esq.
Deputy Attorney, Caltrans
"One of the most useful elements of the Jury Mediation from my perspective as the mediator was being able to incorporate the jurors' comments and questions about aspects of the evidence in my discussions with counsel. The jurors' comments were educational, adjusting both expectations and risk assessment, so much so that it helped the case settle."
- Maureen Summers, Esq.
Mediator
"I am a total believer in the information process which includes mock trials and/or focus groups. I have found that they give me special insight into problems that I confront that will give me an advanced view before I go to trial and risk all in front of a jury. On an actual case in Orange County, I saw how effective the jury mediation process was. I highly recommend it."
- Browne Greene, Esq.
Greene, Broillet & Wheeler
"Jury Mediation gives lawyers what they have always dreamed about as they prepare for a mediation: A chance to sit with their opponent and watch potential jurors, who have heard the key evidence on both sides, discuss and deliberate!"
- Hon. Judith Chirlin, Ret.
Co-Creator
Call Rosemarie Chiusano at (310) 442-2100 for a free consultation on how this process can work for you before your next trial.
