Most of our work involves mock juror pretrial research and we have a report structure that feels very comfortable to us, easy to read, and easily searched by counsel. It took a few efforts with mock arbitrations to get to the same place though and here is some of what we’ve learned.
Arbitrators are really smart people! Selecting the right mock arbitrators is not simple, and like other litigation research, the quality of the recruit is essential to a worthwhile effort. They need to have experience and a scope of knowledge that resembles the assigned arbitrator(s). They are well-versed in the applicable law, and they are neither fooled nor impressed by “spin”. They often have a way with words. In a recent project, one of the mock arbitrators searched for a way to characterize the Plaintiff attorney’s presentation. Finally, he said, “I am not one who is drawn to rhetorical flourishes”. It was a very kind way of describing what he found not persuasive.
