In the decades since Magnus’ Director of Research, Dr. Melissa Pigott, has been conducting social psychological research studies to assist attorneys prepare for arbitration, mediation, and trial, there has been a decrease in the number of research projects (including mock trials, focus groups, and attitude surveys) conducted immediately prior to trial. The vanishing jury trial phenomenon is well known and our attorney clients confirm they do not try cases as often as they used to; instead most cases are resolved as a result of the outcome of mediation or arbitration. Thus, Magnus has had a corresponding increase in the number of research projects conducted to evaluate cases and to help prepare strategies for mediation and arbitration.
This change of pace for many of Magnus’ clients has resulted in fewer attorneys having extensive courtroom experience, which, in turn, has led to increased difficulty in evaluating cases. (Decreased courtroom experience also impacts attorneys’ clients when clients are adjusters who also see fewer jury trials than in the past.) Jury research undertaken prior to mediation/arbitration can fill this knowledge deficit by revealing the thoughts, motives, and other predispositions of people who are similar to the jury in the event the case does not settle prior to trial. A thorough analysis of risk, whether the attorney represents the plaintiff or defendant, is crucial for accurate case evaluation prior to mediation or arbitration. Knowing the upside and downside of a case can help parties make informed decisions about resolving cases, and provides knowledge of which ones to litigate through trial.
Don’t go into your upcoming mediation or arbitration without contacting Magnus to evaluate your risk. Contact Magnus for more information on our ability to help you “win” early in your case.