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Arbitrators, like jurors, are selective in what they perceive as the important facts and issues in a case. Arbitration Research identifies the facts and issues that are most persuasive from an arbitrator’s point of view; clarifies the facts and issues that remain obscured; and identifies the legal principles or case law that arbitrators see as most important.
Armed with an understanding of arbitrators’ thinking, counsel has the advantage of assessing the strengths and vulnerabilities of the case in advance of the arbitration. LGA Litigation Strategists’ consultants analyze this information and then work with counsel to organize and present the case in the most advantageous manner possible.
Arbitration Research begins by recruiting a panel of three former arbitrators or judges, similar in age and experience to the individuals arbitrating the case. After reviewing background information, the panel meets at a research facility to hear oral arguments and then retires to discuss their individual decisions. The discussion is filmed and subsequently analyzed. Counsel can observe the proceeding through a one way mirror.
When the panel has come to a decision, counsel is invited to question the panel about areas of the discussion in need of clarification.