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Pre-Mediation
Research Services
With increasing frequency, Magnus is retained prior to mediation
to assist in evaluating the strengths and weaknesses of a
case in anticipation of resolving a case at mediation. Prior
to mediation, Magnus can employ one of several methodologies
to explore case issues or to analyze the liability and damages
positions. In some instances, a Focus Group is used to explore
troubling issues to determine how troublesome these issues
will be in the eyes of decision makers - (mock) jurors. Most
often, however, Case Strength Evaluation Research (CSER) is
utilized to explore the relative liability and damages positions
of the parties. For plaintiffs, the favorableness of a settlement
offer can be evaluated in comparison to conclusions reached
by mock juries. For defendants, pre-mediation research can
help determine whether the case at hand is one which should
be settled (and for what damages range) or which might result
in a defense verdict. Furthermore, both plaintiff and defense
teams will benefit by having a common ground perspective for
both the client and the trial team. Magnus has frequently
been aware that clients‚ expectations and attorneys‚
expectations are out of alignment. Conducting pre-mediation
research has engendered a favorable settlement to many cases
because all the members of the team and the client are "on
the same page." In addition, negotiating leverage can
be gained with the information from pre-mediation research.
Magnus‚ results (reports and deliberations videotapes)
are often used during mediation to make the "other side"
aware of the reaction of likely jurors to the case issues.
When Magnus prepares pre-mediation
reports, the contents of the report are tailored to a pre-mediation
analysis. Strategy and other recommendations are made with
mediation in mind. And, if the case does not settle at mediation,
Magnus is often retained for additional research or consultation
prior to trial which can incorporate the findings of the pre-mediation
research, the information learned at mediation, and test new
theories or approaches prior to trial.
The bottom line is that pre-mediation
gives the trial team and the client insights into the desirability
of reaching a settlement at mediation and, if the case is
not resolved at mediation, the team is better prepared to
move forward to trial.
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