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Enhanced Deliberation Analysis is designed to build on the insights gained from the initial Deliberation Analysis. The research design for the Enhanced Deliberation Analysis is similar to a Deliberation Analysis. The content of the presentations and the need for additional presentation time sets the two exercises apart. Thus, Enhanced Deliberation Analysis typically extends over two days.
In preparation for the exercise, case summaries are refined to reflect initial findings and recommendations, and detailed documentary and testimonial evidence, video of key witnesses and graphics may be added.
If there are codefendants in the case, their individual positions are usually anticipated and integrated into the case presentations for use in this exercise. This is an especially important part of our work in complex multiparty litigations because the positions taken by the various litigants can have a substantial impact on the overall context of the case which, in turn, can influence jurors’ perception of each party’s liability.
The strategic insights that emerge from this exercise strengthen and sharpen the overall case strategy and themes, including the most advantageous approaches to the adversary’s anticipated attack.
An Enhanced Deliberation Analysis is often preceded by a Mock Voir Dire which creates an opportunity for counsel to test their jury selection skills and analyze the reaction of Probable and Stricken Juries to the litigants and the case.