Mock Arbitration Research
Arbitration, a form of Alternative Dispute Resolution (ADR), is utilized in certain types of cases. These are often high stakes cases which will be decided by arbitrators instead of jurors or judges. The nature of the arbitration (e.g., Construction, Securities/FINRA) determines who is qualified to be an arbitrator.
Cases that are subject to arbitration very often involve complex issues that could be difficult for the average person to comprehend. Cases in the realm of securities fraud and construction, for example, are often decided by arbitrators instead of juries. In much the same ways as mock trial research with jurors is a valuable part of the litigation process prior to mediation and trial, mock arbitration provides tremendous benefits to the litigator who is faced with having a case decided in an arbitration. Using Magnus’ scientific analyses of case strengths and weaknesses, along with our insightful strategy recommendations, provides many benefits to the trial team and clients.
Mock Arbitration - General Procedure
Magnus conducts mock arbitration research by recruiting two or more panels of arbitrators who have backgrounds similar to the actual arbitrators. Both sides of the case are presented in abbreviated fashion, with opposing counsel’s presentation made by a role playing member of the trial team. The arbitrators complete extensive individual questionnaires and are interviewed as a group by a trial consultant after they have made a decision. Attorneys are encouraged to test their demonstrative evidence when arguing their case to the arbitration panelists. Mock arbitration is an extension of Magnus’ jury consulting work; it is merely an adaptation of Magnus’ social science research skills using a specific sample and type of respondent – arbitrators.
Mock Arbitration - Securities Disputes (FINRA)
In securities disputes requiring FINRA certified arbitrators, Magnus selects arbitrators who have backgrounds and FINRA certification similar to the actual arbitrators. Just as with a mock trial involving jurors, both sides of the case are presented in abbreviated fashion, with opposing counsel’s presentation made by a role playing member of the trial team. The arbitrators complete extensive individual questionnaires and are interviewed as a group by a trial consultant once a decision is reached.
Arbitration Rehearsal (with Arbitrator Feedback)
Arbitration rehearsal is similar to mock arbitration with one important exception: Only the attorney who has retained Magnus is involved in presenting his/her case. In arbitration rehearsal, arbitrators are permitted to ask questions and make suggestions to the attorney during an informal presentation. Magnus’ trial consultants work with the attorney, based on the outcome of the rehearsal and feedback from the arbitrators, with the goal of improving the presentation prior to the actual arbitration.
Arbitration Coaching (with Trial Consultant Feedback)
Arbitration coaching involves the attorney presenting his/her case to Magnus’ consultant(s), who will provide feedback, based on experience in numerous similar cases, to improve the attorney’s presentation for mock arbitration research. Alternatively, arbitration coaching exists as a stand alone service and is designed to improve the attorney’s presentation at the actual arbitration.
and are registered trademarks of Magnus Research Consultants, Inc. Magnus provides Trial Consulting or Jury Consulting services for attorneys and litigants in civil lawsuits and criminal litigation. Magnus’ trial consultant services include mock trials, focus groups, online mock trials, online focus groups, online research, virtual mock jury, attitude surveys, witness preparation, jury selection/voir dire consultation, demonstrative evidence, animations, and trial presentation services. Jury research, mediations, mock bench trials, mock mediations, and mock arbitrations assist litigators and their clients by providing risk analysis for cases and evaluating case strategy options to maximize trial outcomes. Magnus is a Florida-based trial consulting firm (working in Miami, Fort Lauderdale, Broward, Boca Raton, West Palm Beach, Orlando, Tampa, Jacksonville, Fort Myers, Tallahassee, etc.), providing services nationwide.