What Is The Real Difference? Arbitration v. Jury Trial
When three highly regarded arbitrators and 14 mock jurors are recruited to evaluate the same case, at the same time, in what ways will their deliberations—and ultimately, their verdict—differ?  Persuasion Strategies began with this premise and designed a mock arbitration and mock jury trial demonstration to discover the real differences between  arbitrators' v. jurors' perceptions and decision-making patterns. The findings are an extension of Persuasion Strategies’ fifth year of National Juror Survey projects in cooperation with Inside Counsel. Read the complete article

To learn more about the data Persuasion Strategies has colllected in connection with this article, click here for an executive summary, or click here for the associated charts.

How to Deal With the Many Types of Anti-Corporate Jurors
Persuasion Strategies consultants, Ken Broda-Bahm and Kevin Boully, describe how juror bias against companies can follow corporations into the courtroom whether as plaintiff or defendant. Less well understood are the different forms that this bias may take and the ways it shapes public perceptions of corporations in the legal system. Read the complete article on Law.com

Mocking Corporate America
Follow four jurors as they participate in a mock trial. Learn corporate defense strategies that persuade jurors to view your case in light of its own unique merits, not on the basis of a more generalized anti-corporate bias. Also, learn how the latest advances in mock trial technology maximize the value of your research. Read the complete article

The Newer Generations in the Jury Box: Who Will Favor Your Cause?
Dr. Karen Lisko recently published an article on generational differences of jurors and why they are more complex in their decision making than their age portrays. Read the complete article

Jurors in Red and Blue America
In ways that are both predictable and surprising, where your jury lives influences what your jury thinks about your corporation's actions, choices and responsibility. Read the complete article

Re-channeling Juror Anger
Anti-corporate bias among jurors has escalated in the wake of corporate governance scandals. Overcoming such bias requires a litigation strategy that counteracts and re-directs juror anger. Read the complete article

Corporate Defense in Skeptical Age: A Model for Crafting Your Message
The juror-eligible population across the country has high demands and low expectations for corporate behavior. This article provides readers with six steps that can be used to create a corporate defense message. Read the complete article

The Influence of Opening Statement/Closing Argument Organizational Strategy on Juror Verdict and Damage Awards
While the power of a “story” presentation dominates jury decision-making, additional techniques enhance the persuasiveness of opening statements and closing arguments. This article examines the influence of the organizational strategy used to structure opening statements and closing arguments on presentation effectiveness in a simulated civil trial. Read the complete article

Locating Anti-Corporate Bias in Your Jurors: Some Dark Clouds and Some Silver Linings
Where do potentially biasing and potentially desensitizing attitudes live among your potential jurors? This article uncovers the attitudinal and demographic factors which are indicative of anticorporate bias and provides important advice of the questions to explore in selecting and analyzing your future jury. Read the complete article

Post-Enron Jury Perceptions and What to Do About Them
In a nationwide survey conducted in February 2003, research finds that a “desensitizing effect” against plaintiffs can frequently occur under certain case conditions, even in light of increased anticorporate sentiment. In the wake of the Enron collapse and other recent corporate scandals, jurors’ views adjust with society over time, whereby they often blame the plaintiff for their naïveté, for not anticipating a bad outcome in the end. Read the complete article

Your Counterfactual Strategy: How You Can Influence Jurors Thoughts About ‘What Might Have Been’
Jurors speculate: they think about what might have been. This “What if….” thinking is not only a common juror activity but is also an activity that is tricky to understand and essential to control. Thinking about how jurors address ‘what if’ questions in analyzing case facts is an important way of getting inside jurors’ process of persuading themselves and others. Read the complete article

The Current Climate for Today’s Nursing Home Defendants
Jurors today recognize that nursing home abuse is a social problem, but they are divided on the issue of causation. This article reveals the current climate for nursing home defendants in today’s litigation landscape and sites specific research findings that suggest jurors’ inherent distrust of corporations and the inherent burden of persuasion for every nursing home defendant. Read the complete article