The "Mini" Mock Arbitration

Most people think arbitrators just decide cases. The best ones help win them.

Experienced arbitrators can be valuable consultants at every stage of the process — from dispute resolution design to advising on strategy.

Mock arbitrations can sharpen an advocate's case before it ever reaches the hearing.

Jury research firms have offered this service for years. But unlike mock juries, mock arbitrators can engage directly with lawyers, probing both the merits and the manner of presentation.

Typically, one side's lawyers split into opposing teams to simulate an abbreviated presentation — targeting where mock feedback matters most.

The mock arbitrators don't know which party engaged them.

I've served in mock arbitrations with as many as twelve participants — and as few as one. Some with elaborate presentations and structured deliberations. Others as informal sessions.

A “mini” mock arbitration — a single arbitrator in informal conversation — delivers the core benefits at a fraction of the cost and time.

Sessions aren't locked into predetermined lengths. Deliberations can be replaced by focused Q&A. The process can unfold over time, remotely, allowing counsel to apply earlier learning as arguments develop.

The benefits can continue into the evidentiary hearing. Just as jury researchers sit in the courtroom reading the jury, the mock arbitrator can evaluate the conduct of an arbitration panel in real time.

Experienced arbitrators are a deep resource. Their value is limited only by the imagination of counsel who call upon them.