Strategic Litigation Solutions

Law firms turn to us when the stakes are high to simplify complexities and implement key tactical moves for cost-effective settlement and trial.

Mock Arbitration or Bench Trial

In a mock arbitration, you will present your case and your opposition’s case to a panel of arbitrators, which FLC will recruit and carefully screen so as to be similar to your actual arbitrator or arbitration panel. Similarly, in Mock Bench Trial, you will present both sides of the case to a panel of retired judges and/or experienced attorneys in your trial jurisdiction. The structure may include either summary arguments or more elaborate presentations, with opening and closing statements, witness testimony, exhibits and demonstrative aids, so as to mirror the actual arbitration or trial proceedings. The panelists will not be made aware of which party has engaged them to participate in the mock research.

At the close of your case presentation, each panelist will provide oral and written feedback of briefs, oral arguments, case presentations, witnesses, and exhibits. If applicable, the panel will also engage in group deliberations and/or complete a written opinion. Once a decision has been reached, the panel will be debriefed by an FLC consultant, and will engage in a group interview designed to procure additional feedback, case strategy recommendations, and winning arguments. We will then analyze the results and provide case strategy recommendations for trial/arbitration.

Although the scope of the mock arbitration or bench trial depends on the specific facts of your case, we can tailor the research to your specifications and needs. We generally recommend that a mock arbitration or bench trial be held late in discovery, and can conduct the mock proceedings months, weeks, or even the weekend before arbitration or trial.

Like everyone else, I have done informal mock sessions with friends and colleagues for years as my cases steam toward trial, but nothing so satisfying, focused or effective as what we did with you . . . . I also found your intense and exhaustive report on case themes to be invaluable . . . the report should be framed. John R. Holland, Denver, CO

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