Mock Mediation Services
On an increasing basis, civil lawsuits are settled outside the courtroom, during mediation. The insightful strategy recommendations of Magnus’ trial consultants and Magnus’ scientific analyses of case strengths and weaknesses through the use of a mock trial or jury focus group optimize the chances for a successful case resolution through mediation. Magnus offers the following services specifically designed to prepare for Mediation:
Mock Mediation
In mock mediation research, Magnus recruits mediators who are not involved in the case at issue to participate in a research exercise designed to closely approximate the actual mediation. More than one mediator will be recruited to allow for multiple opinions and their recommendations regarding the best strategies to employ during the actual mediation. Someone from the trial team role plays opposition counsel, demonstrative evidence is tested for effectiveness, and extensive individual and group interviews of the mediators are conducted. Think of a mock mediation as a mock trial formatted mediation style. The trial consultant synthesizes the individual mediator opinions as well as the group discussions of the mediators with the goal of making the actual presentation Magnus’ client attorney at mediation as impactful as possible.
Pre-Mediation Research
Magnus is often retained prior to mediation to assist in evaluating the strengths and weaknesses of a case in anticipation of resolving a case at mediation through the use of a mock trial or jury focus group. Prior to mediation, Magnus can employ one of several methodologies to explore case issues or to analyze the liability and damages positions. For plaintiffs, the favorableness of a settlement offer can be considered compared to verdicts and decisions reached by mock juries. For defendants, pre-mediation research can help determine whether the case is one to settle, oone which may be defensible.
With some frequency, Magnus has been told, or has observed that clients’ expectations and attorneys’ perspectives on a case are vastly different. In these situations, the different perspectives are a road block to case resolution. By conducting a pre-mediation jury focus group or some form of mock trial research the perspectives come into better focus and put all the members of the team, and the client, are “on the same sheet of music.” Negotiating leverage can be gained with the information from pre-mediation research as some clients reveal Magnus’ mock trial or jury focus group results to educate opposing counsel regarding jurors’ reaction the case issues. Pre-mediation research gives insights into the desirability of reaching a settlement the trial team, and the client. If the case is not resolved at mediation, the team is better prepared to move forward to trial.
Mediation Rehearsal & Coaching
Mediation rehearsal is similar to mock mediation however, only the attorney who has retained Magnus is involved in presenting his/her case to Magnus’ trial consultant(s); there is no presentation by the “other side.” Additional mediators can be utilized are permitted to ask questions and make suggestions to the attorney during an informal presentation. Magnus’ trial consultant, will provide feedback, based on experience in numerous similar cases, to improve the attorney’s mediation presentation.
Negotiation Coaching
Negotiation, bargaining, and persuasion are integral parts of all types of ADR. They are also key components of social psychology theory and practice, but are often not part of an attorney’s education or training. Magnus’ Director of Research, Dr. Melissa Pigott, a social psychologist who has worked as a trial consultant for more than 30 years on hundreds of cases, coaches attorneys planning to resolve their case through ADR on optimum negotiation strategies. Where needed, Dr. Pigott is available to conduct hands on training with attorneys who desire to improve their negotiation skill set.
Mediation Attendance
Magnus’ trial consultants are available to attend the actual mediation with attorneys who desire “real time” feedback regarding negotiating, presenting the case for maximum results, and settling the case to avoid further litigation. Dr. Pigott is a certified as a Florida Supreme Court as a Circuit Mediator and brings that perspective, as well as her expertise as a psychologist and trial consultant to helping achieve a strong case resolution. Often when Dr. Pigott attends mediations, some type of pre-mediation research has been conducted prior to the mediation, so that Magnus’ mediation strategy recommendations can be based on a scientific analysis of factors likely to lead to a favorable case resolution.
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.