Jury Mediation

Introducing Jury Mediation

Jury Mediation Handbook

The Jury Mediation Handbook is a PDF document that provides information on the process and can be used as planning guide.

Please download your copy - Download

Jury Mediation Articles

Please download your copy of Richard Gabriel's article in "Daily Journal" here, using the download button.

Download

Please download your copy of Richard Gabriel's article in "Lawyers USA" here, using the download button.

Download

Jury Mediation Videos

Jury Mediation is a powerful alternative for cases that may otherwise not settle.

Please watch the below videos to hear the first-hand personal experiences and thoughts of prominent Neutrals on this innovative approach.

Jury Mediation FAQs
Resolution Beyond Traditional Mediation™

• What is it?

  Jury Mediation is a proven advanced resolution process that allows litigants insight into a jury's reaction to a legal issue or other intractable cause of impasse, providing better analysis on trial risks and the potential jury value of a case.
  
  Jury Mediation is a unique and innovative form of focus group or mock trial jury research. It is conducted cooperatively with all parties within the mediation framework. This procedure offers all parties a real-time view of the process by which jurors give insight into how a jury may interpret the evidence and the law.
• When is it used and who benefits from it?

  Jury Mediation is used both as an early case evaluation tool and for parties in the mediation process who have reached an impasse on any of the following issues:

  • Differences in perceived dollar value of settlement
  • Disputes over the meaning of evidence
  • Disputes over the interpretation of law in the case
  • Litigant's emotional attachment to the issues in the dispute
  • Differences in how key witness testimony will be received
  • Significant differences over credibility of experts and their opinions
  • Where both parties are concerned about the cost, time, and risk of trial
• Do cases really settle using Jury Mediation?

  YES! All cases that have utilized the Jury Mediation process have resolved. Since we can't guarantee success in every Jury Mediation, the benefit that can always be counted on is effective use of the results of the jurors' feedback for your future trial and settlement strategy.
• How does it work: what are the mechanics of the process?

  The mediator and the Decision Analysis consultant confer with counsel to establish the goals and guidelines of the Jury Mediation, which may differ from case to case. Agreements are made first about the issues to be presented, and then about the number of jurors, the date, location and duration of the Jury Mediation, and other logistical and procedural elements. On the day of the Jury Mediation, mock jurors listen to case presentations from plaintiff and defense counsel, view demonstrative evidence, and hear witness testimony and basic jury instructions. The jurors then deliberate in view of the parties, their attorneys, the mediator, and the consultant. Following the deliberations, the Decision Analysis consultant meets with the mediator to provide feedback and insight about the jury's discussion, decision process, and how that might translate into a jury's reaction to the case in the actual trial. The parties and the mediator choose a time to convene for their next mediation session, often directly following the focus group.
• How long does it last?

  Depending on the number of issues, complexity and volume of evidence, desired witness testimony, as well as number of parties in the case, the parties determine whether a half-day or full day Jury Mediation is appropriate. For example, a half-day project provides for about 45 minutes of attorney case presentation and 30 minutes of witness testimony for each side. Full-day projects can accommodate two and half hours of combined attorney presentation and witness testimony. While these evidence presentations may be limited, it is remarkable how much of a complex case the Jury Mediation jurors understand in this limited time.
• Where do you get the jurors?

  For each Jury Mediation, Decision Analysis researches, recruits, and carefully screens a jury that is reflective of the demographic characteristics of the juries that typically are seated in that jurisdiction. We use multiple recruiters with vast databases of jury-qualified participants. Since we pay the mediation jurors more than summoned jurors get paid, we usually have a willing and attentive group of respondents. All parties receive full demographic information on each participating juror (gender, age, ethnicity, education, occupation, etc.). Depending on the venue of the case as well as the budget of the parties, a jury of between six and twelve jurors is seated. In full day Jury Mediations, multiple jury panels can also be employed.
• What if I don't want to reveal all of my cards to the other side?

  Jury Mediation, like all mediation, works best when the parties reveal all or most of the evidence that pertains to their evaluation of the case. However, if there are certain issues a party does not wish to disclose, they would still be able to test the known evidence and general issues in their case without revealing certain undisclosed evidence or strategies. Additionally, the Jury Mediation, can be conducted so that each side presents their case outside the presence of the other party.
• How much does Jury Mediation cost?

  Since all sides are vested in the process, the parties split the fees equally. For a two party, half day Jury mediation with six jurors, the cost is approximately $5,000 per side, excluding the mediator's fee.
• What if the jurors come back with feedback that is unfavorable to my case or current settlement position?

  We stress that the Jury Mediation is not meant to be predictive of what a jury would do in a case but more illustrative of what they may very well do. This process is meant to reveal risks that both parties would face in a trial. Lawyers who have done well with this process have learned from juror feedback and are able to address their concerns through additional evidence or refined case presentations. Consequently, the mediators are able to have candid, more meaningful discussions with the attorneys and their clients about trial risks, without the speculation or guesswork that comes with trying to forecast a jury's response.