When you are part of a legal dispute, you need he best information possible: What issues and evidence carry the greatest importance? What arguments will be most persuasive to your decision-makers? What steps in preparation will give you the best chance of winning your case? The goal of a simulation is to provide preliminary answers to these and similar questions by presenting an abbreviated version of both sides of the case to a panel of decision-makers (mock judges or arbitrators) chosen based on their similarity to your actual decision-makers. By observing and interviewing your panel, you discover their reactions and their recommendations.
Project Description
To test reactions to an actual legal case, Demanda conducted a simulation involving lawyers and actual witnesses. Lawyers for the client argued their own case while other lawyers from the same firm played the role of opposing counsel. Nationally-known lawyers with training and experience similar to that of the actual decision-makers played the role of the decision-makers: the mock arbitrators. The mock arbitrators reviewed the legal briefs and completed related questionnaires prior to the research, then heard a day of live legal argument complete with witness testimony and argument from lawyers, and deliberated among themselves to reach a verdict. Finally, they were interviewed on their reactions to specific issues in the case. The client was able to watch the entire process on closed-circuit video and to review it on DVD. To preserve their neutrality, the mock arbitrators were not told which side was sponsoring the research until the end of the day.
Recommendations to the Client
Following the research, the facilitators as well as the mock arbitrators provided very specific recommendations on the client’s presentation of the case. These recommendations centered not only on legal issues, but also on the explanation of the dispute, the effective testimony of witnesses, and the overall presentation of the case. Ultimately, based on the feedback from the simulation, the client decided on a more assertive approach to the arbitration argument.
Venue
Two rooms were used, located at a prime address in São Paulo: the simulated court was held in one of them, while in the other the client watched the filmed proceedings through a closed television circuit, assisted by arbitration specialists and consultants on litigation communication.
Incentive for Participants
The End-Client handled the negotiations and payment of the participants directly.
Comentário do cliente sobre o trabalho da Demanda
“I was delighted with the service Demanda provided, and with you. I hope that we stay in touch and work together in the future -- I'm quite serious about the possibility of partnering on future arbitration or other legal work.”