Presentations

The decline of the jury trial, increasing popularity of arbitration as a means of dispute resolution, and the continuing importance of judicial persuasion in litigation invites the question, “What are the real differences between these three various fact finders?” Are there some distinct similarities and differences among fact finders, or is the jury still out? This presentation focuses specifically on employment litigation in comparing the three fact finders, beginning with statistics highlighting the verdicts and damages in employment discrimination cases. In addition, data from surveys and interviews with judges, arbitrators, and jurors specifically related to employment cases are shared and discussed. Effective strategy for all fact finders is also included throughout the presentation. Topics include:

• The parallels among the three fact finders
• Whether arbitrators are actually pro-defense
• The fact finder more likely to favor law over ethics
• The fact finder best equipped to decide highly emotional or highly technical cases
• The fact finder more likely to find for the plaintiff
• The fact finder more likely to award reasonable damages
• The fact finder more likely to have anti-corporate bias
• Ways to tailor your messages for each audience

This presentation is filled with proven communication techniques designed to improve a woman’s effectiveness in the courtroom, boardroom or in any situation requiring clear and confident communication. Beginning with the latest research reaffirming that “the Glass Ceiling” still exists, the presenter describes the barriers to effective female communication and compares the characteristics of powerless vs. powerful speech. The presentation also includes examples of specific tools to achieve powerful speech in a variety of situations. Topics include:

• Salary disparity between men and women
• Barriers to effective female communication
• The characteristics of powerless vs. powerful speech
• Avoiding falling into a speaker stereotype
• Effective impromptu speaking
• Handling the three most difficult male personalities

The fact that we are surrounded by technology means we have to be smarter than ever in using it to persuade fact finders in court. This presentation outlines the pros and cons of the use of technology in opening statements. It includes valuable demonstrations to define when to rely on graphics and visuals, and when to rely on yourself as the most powerful visual aid in the courtroom. Topics include:

• Defining the biggest sins most PowerPoint users commit in front of fact finders
• Weaving technology throughout your story rather than overwhelming it
• Identifying the worst timelines ever and novel ways to communicate chronology
• Using technology to enhance jurors’ retention of your key points