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Pre-trial focus groups
Pre-trial focus groups & settlement negotiations
Cases settle mainly because of the defendant's exposure to risk.
However, the legal losses are not the only element a jury takes
into account when rendering an award. Research studies clearly
demonstrate that what is important to either party about a case may
be completely irrelevant to jurors. You will need to know where you
and your adversary's case positions are the most vulnerable from a
jury's perspective.
Plaintiffs and defendants need to discover in the early stages
of case preparation whether or not there is something about
specific litigation issues that would raise social impact and
psychologically make the case greater than just one family's
losses. Put another way, what is there about this fact pattern and
these parties that motivates a jury to act for one side or the
other?
You can learn the essential key that unlocks your case-both for
settlement and, if necessary, for trial. Conducting Pre-trial Focus
Groups is as necessary in preparing your litigation matters for
settlement negotiations as they are in preparing for trial. Why?
Because Focus Groups pinpoint those issues that resonate with
jurors. Knowing how to address these issues so that a jury accepts
your position is an empowering strategic advantage.
How do focus groups enhance settlement negotiations?
Predictive of jury reaction
Pre-Trial Focus Groups, when scientifically conducted, reliably
predict the positions of a typical jury and reveal the underlying
reasons behind their verdict. They show the client which of your
arguments work best and least with the most cynical juror. A
professional analysis will explain why the case was accepted or
rejected by all jurors. Themes are suggested for universal
appeal.
Maintaining objectivity
A client can get too close to the case and start to lose
objectivity. Your settlement negotiations and case strategy should
be based upon objective information rather than subjective,
untested theories. Presenting facts/testimony and watching Focus
Group Respondents react as they deliberate issues and assess
credibility enables you to evaluate the strengths and weaknesses of
your case with a fresher eye.
Rebutting adversary's contentions
Learning which liability theories had the most credibility with
jurors gives you clout in rebutting contentions your adversary is
likely to advance. You may even decide it is advantageous to reveal
favorable Focus Group feedback to the adversary during the
settlement or mediation process to further cement your
position.
Negotiating based upon juror value
Learning how to successfully handle case-related juror biases
not only keeps your case on track but also keeps your adversary on
track during negotiations by impressing upon the other side the
probable failures of certain aspects of their liability position. A
jury has shown what they will and will not accept and how they
valued the case. Because empirical research results are outcome
predictive, the outcome of the case is no longer just a matter of
speculation. You are negotiating the value of the case as it was
determined by jurors. Settle the case on the jury's terms-your
terms, not your Adversary's.
Shared focus groups
In a particularly long and/or complex case, you could agree to
share a Focus Group session with your adversary where both sides
present the case and several panels deliberate. This process
enables both sides to share costs and spares you both the time and
expense of taking the case to trial. The process can be structured
as a binding, open-ended arbitration, a binding arbitration with a
"high-low" or a non-binding mediation.