Pre-Mediation Research Services

Magnus’ trial consulting services are often utilized prior to mediation to evaluate the strength or weakness of a case.  A pre-mediation mock trial or jury focus group can provide a point of reference, or benchmark, to know whether the case issues will be seen positively or not, from the perspective of potential decision makers – jurors. 

In some instances, a Jury Focus Group is warranted to evaluate and explore unique case issues. More often, however, a mock trial, such as Magnus’ proprietary Case Strength Evaluation Research (CSER) is utilized to explore the relative liability and damages positions of the parties.

For plaintiffs, the favorableness of a settlement offer can be evaluated in comparison to conclusions reached by mock juries. For defendants, pre-mediation research can help determine whether the case at hand is one which should be settled (and for what amount of damages) or which might result in a defense verdict. Furthermore, both plaintiff and defense teams will benefit by having a common ground perspective for both the client and the trial team.

Magnus has frequently been aware that clients’ expectations and attorneys’ expectations are out of alignment.  Mock Trial or Jury Focus group research undertaken prior to mediation often helps reach case settlements.  This is because once the research results, especially from a mock trial, ensure both the client(s) and the trial team understand how the case issues will be received by decision makers.

The potential for a mock trial to provide a “reality check” to unreasonable litigants is powerful in managing expectations. 

In addition, negotiating leverage can be gained with the information from pre-mediation research. Magnus’ results (reports and deliberations videos) are often used during negotiations to make the “other side” aware of the reaction of likely jurors to the case issues.

Pre-mediation research gives the trial team and the client insights into the desirability of reaching a settlement, and, if the case is not resolved at mediation, the team is better prepared to move forward to trial.  That said, pre-mediation research also indicates the need for further discovery, for additional experts, and, for additional mock jury research to further test case issues.