By Dr. Ken Broda-Bahm: Mediation is often guided by predictions made by each side, as well as by the mediator: if this case went to trial and faced a jury, what would that jury likely do with it? Naturally, each of these three actors will have a belief about that, and those beliefs may be […]
Consider Involving -Both- Sides in the Mock Trial Read More »
By Dr. Ken Broda-Bahm: Your typical mock trial might involve three juries, with a total of 30 or so mock jurors. The typical public opinion poll run by an organization like Gallup, however, can involve more like 1000 participants. So what is the disconnect when it comes to sample size, the variable that researchers refer
Know the Right N: How Participant Numbers Influence the Value of Your Mock Trial Read More »
By Dr. Ken Broda-Bahm: A mock trial is not a crystal ball with access to the ultimate result you’re going to see in a real trial. There are too many differences between the research situation and the full trial setting for those results to be considered reliable, including the individual make-up of the panel, the
Trust Your Mock Trial (to a Point) Read More »
By Dr. Ken Broda Bahm: It can be a common experience during a mock trial. You have a mock juror who ends up being way too focused on what they don’t know. They understand that there are limits to how much detail you can get into within the constraints of a shorter trial simulation, but
Combat “Partial-Picture Paralysis” in Your Mock Trial…And Your Real Trial Too Read More »
By Dr. Ken Broda Bahm: About once every other month, I will present at a seminar for doctors and other medical professionals. They attend because they’ve been sued and they’re learning how to cope with their newfound role in the legal process. At one point in the seminar, a psychiatrist presenting on litigation stress will usually
Add Mock Trial to Med School Read More »
By Dr. Ken Broda Bahm: Imagine that you receive a phone call and the voice on the line offers participation in a research project, and also offers pay. Then, the caller walks you through a series of questions to determine your eligibility, and it becomes clear what the “right” answer is. And let’s say you could
Beware of ‘Participation Deception’ in Your Surveys and Mock Trials Read More »
By Dr. Ken Broda Bahm: We know that once jurors make it through the gauntlet of jury selection and find themselves seated in the courtroom’s jury box, they’ll often be ennobled by their task and take it quite seriously. But consider the mindset of the mock juror. They’ve come in for a one-day project in a
Share the Stakes in Your Mock Trial Read More »
By Dr. Ken Broda Bahm: In the lead-up to a mock trial, the clients often and understandably hope for a win. After all, a win might help to steady their resolve and buttress their hopes heading into the courtroom. But you know what is even more useful than that? Actually learning something to help make
Make it Hard on Yourself: Eight Ways to Make Your Mock Trial a ‘Worst-Case’ Test Read More »
By Dr. Ken Broda Bahm: Mock trials, and other forms of pretrial juror research, like focus groups, are increasingly common. Particularly in complex or high-stakes litigation, it makes sense to road-test your case in a safe setting. What you learn can help you arrive at a reasonable resolution pretrial, or can help you prepare for
Give Your Client Seven Key Messages About the Mock Trial Read More »
By Dr. Ken Broda Bahm: It is a common step on the road to trial or pretrial resolution: Have a mock trial! But as routine as that research step is, it is still never a small matter. The scope and scale of a mock trial varies widely, but it is not a small expense in either money or time.
Get the Maximum Out of Your Mock Trial Read More »