From Mock Trials To Mediation Preparing For Civil Litigation

Judge charles renfrew

It can be incredibly difficult when a fiduciary responsibility is violated. A fiduciary is relied upon for a variety of reasons, usually regarding a client’s money or assets. Therefore, when a fiduciary responsibility is neglected, a client can end up being ruined, sometimes to the point of filing for bankruptcy. Honest mistakes can be made in some cases. But in others, a fiduciary responsibility can be purposefully neglected or outright overridden in favor of the personal gain of the fiduciary in question. In this case, you may be able to bring forth a civil suit. With that being said, lots of people — especially those who have already suffered financially due to an issue with fiduciary responsibility — find themselves nervous about the prospect of taking on the party that wronged them in court. Not all civil lawsuits actually end up going to court for this reason. In an ideal situation, a professional malpractice civil suit can be dropped because the wronged party has ben given a settlement of some kind. But this isn’t always the case. Many end up being dropped prior to a settlement, worried that they’ll lose should the case go to court. There is no way to guarantee the outcome of your case — but you can get a better idea of how your case can be improved through things like mock trials. Alternatively, mediation services can potentially help you get the settlement you need, while avoiding going to court. Below, we’ll look into these different options, and how they can help plaintiffs win.

Should Your Civil Case Go To Trial?

If your civil case is settled prior to trial, you shouldn’t count this as a loss. In fact, many like to avoid going to trial, simply because it can be a long process with no guaranteed outcome. For that matter, going to trial can mean incurring court fees that often take away from the money you’ve won. Therefore, the number of civil cases going to trial has steeply declined in recent years. 11.5% of federal civil cases went to trial in 1962. Today, it’s estimated that just 1% of federal civil cases go to trial. Trials aren’t just time-consuming and expensive — they can also be rather stressful. If you’re bringing up a civil case, you’re probably already stressed. Therefore, you may to look into mediator services to help you avoid a trial altogether.

What Do Mediation Services Involve?

A mediation expert will often help the defendant and the plaintiff attempt to resolve things outside of court. This process isn’t always easy, but it can result in a settlement. A settlement means that you will definitely be compensated in some way, which can make a big difference for plaintiffs, especially those that have been financially victimized by the defendants. Mediation services are often offered by the same consultants who help with mock trials. These people are experts in the legal field. Some are even former judges. One, for example, conducted over 150 trials, presided over 100 patent cases, and held over 150 claim construction hearings. Another served as Judge of the United States District Court and was a United States Magistrate Judge from 1993 to 2000. Utilizing legal minds like these can really help you resolve a case before it goes to court — and if that doesn’t work for you, they can also consult on mock trials that will help your team prepare for a battle in court.

What Are Mock Trials?

Mock trials are what they sound like — they allow legal teams the chance to try out their strategies on mock juries, and get data that will help them structure their arguments. They can also use the criticism of legal consultants to change what needs to be changed. A mock trial also allows those who aren’t legal experts — the plaintiffs themselves and witnesses — to better prepare for the real trial. The more ready you are, the less scared you’ll be — and your chances of winning will be much stronger.

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Sarah Todd

Sarah Todd

Sarah Todd, an investment banker, is a reporter and researcher for one of London’s leading media outlets. Formerly a trader and market maker at FTSE, she turned to media during the global recession. This website features some of her best and favourite articles, from all parts of the business world. Please let her guide you and your enterprise along the path to prosperity.