Have you ever been at mediation and wondered what a jury would really think of your case? What if, rather than the opinions of the opposing lawyer, the mediator or, even your client, you could have the actual thoughts and insights of people who are just like the jurors you will have at trial? What if you could have valuable data instead of a hunch?
A pre-mock trial will provide those answers as it is a cost-conscious way to gain case theme feedback and a verdict/award range early in the litigation.
There are two optimum times to conduct a pre-mock trial:
- After the initial exchange of discovery or
- Six weeks before mediation
If you have a case where an early settlement is possible, a pre-mock trial held right after initial discovery can provide data that will guide whether a settlement is in the client’s best interest. In other cases, a pre-mediation session will allow you to test theories and obtain a verdict range enabling you to guide your client and the mediator. Should the case fail to settle, the pre-mock exercise helps strip away unsustainable case theories. You can then confidently conduct a full mock trial using the trial strategy you developed in the pre-mock.
Preparing for a pre-mock trial is less time-intensive than a full mock trial.
Unlike mock trials where you may spend many hours preparing PowerPoint presentations for your arguments and evidence, your prep time will mostly be spent designing questions for a moderated discussion. Your focus at a pre-mock will be on your theories and obtaining broader juror attitudes toward the case.
During the pre-mock trial, you will present an overview of the case to the participants followed by guided conversations in smaller breakout groups. Optimally, the entire exercise will be viewed in real-time by your team in person or remotely. If you find the discussion is raising additional topics you would like explored, those questions can be sent to the moderator and explored at that moment. Individual feedback is also valued at a pre-mock trial as polling for individual verdicts and juror attitudes on relevant topics occur before small group discussions begin.
Using a firm to “pre-mock” your case at an early stage will give you a pathway to resolution for mediation and, if necessary, a blueprint for trial. If you are thinking about a case right now that would benefit from a pre-mock trial, contact me.
