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Judges and arbitrators, like jurors, are selective in what they perceive as the most important facts and issues in a case. Judicial Reaction Research identifies the facts and issues that are most important from a judge's or arbitrator's point of view, clarifies the facts that are obscured, and identifies the legal principles or case law that judges and arbitrators see as important.
Armed with an understanding of judicial thinking about the case, counsel has the advantage of assessing the strengths and vulnerabilities of the case in advance of trial. LitStrat strategists analyze this information and then work with counsel to organize and present the case in the most advantageous manner possible.
Judicial Reaction Research begins by recruiting a panel of former judges or arbitrators who are similar in age, experience, and philosophy to the individual(s) who will hear and decide 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 judges or arbitrators have come to a decision, counsel is invited to question the panel about areas of the discussion in need of clarification. LitStrat will analyze and synthesize the results and suggest practical strategies for developing a winning case.