When disputing parties are considering their dispute resolution options, the more traditional processes they gravitate towards are usually arbitration and mediation. However, these two processes are not generally successful if the parties have a drastic difference of opinion on how a potential jury will value the case. The reason for this is because neither one of the aforementioned processes involves laypersons who can evaluate a claim. In the situations where the parties are significantly disagreeing over the value of the case, a summary jury trial may be the way to go.
What is a Summary Jury Trial?
A summary jury trial is extremely beneficial for parties that are strongly disagreeing on how they think a jury will respond to their case. During a summary jury trial, the proceedings consist of abbreviated discovery and a summary presentation. A summary jury trial case will be listened to by a real jury, take place in a real courtroom, and will be supervised by a real judge. After everything is presented, the jury will make a non-binding verdict, which the parties and judge can use to try and settle the case.
Why is a Summary Jury Trial Beneficial?
As Orlando construction lawyers, we are aware that summary jury trials are not as well known as the other alternative dispute resolution (ADR) techniques. However, they can be just as effective, if not more, than arbitration or litigation. One of the biggest benefits to a summary jury trial is that it turns the biggest unknown factor, the jury’s reaction to a case, into a very effective settlement tool.
How Does the Summary Jury Trial Work?
In a typical summary jury trial, there is a six to twelve member jury that is chosen from the regular jury pool that is used to pick jurors for a real trial. The same jury selection process will be used to pick or eliminate potential jurors. Each party is given about ten to fifteen minutes to present their opening statements, as well as half a day to a full day to present their case, along with time for cross-examination.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.