Mock Summary Trial
The mock summary trial tests the strength of each side's case and enables researchers to determine what drives juror decision-making. Clients may select the customary mock summary trial procedure – involving a summary presentation of the case by the attorneys, including opening and closing statements and key arguments, and a follow-up consisting of a questionnaire and deliberation groups – or a risk-analysis option that provides a more in-depth assessment of juror perceptions of each side’s damages theories and their impact on verdict preferences and damage awards. The second option includes a damage probability analysis designed to give the likely maximum and minimum damages that can be expected were the case to continue to trial.

In both cases, FTI provides a written report and appendix of the questionnaire findings and content analyses of the group discussions, as well as a videotape of the deliberations.

Mock Judicial Hearing
A mock judicial hearing gives attorneys the opportunity to practice their planned arguments for a bench hearing or trial. Unlike our jury research offerings, the research participants here are retired judges recruited especially for this exercise – they provide accurate feedback and reactions to arguments, case issues and evidence, as well as likely verdict preferences.

Following an interactive presentation from each side, the judges complete a questionnaire to assess their reactions to each presentation. The trial team also can observe the judges via one-way mirror or closed-circuit video after both presentations as they discuss the merits of the arguments and reach a decision. The trial team then has the opportunity to join the judges and question them directly about their assessment of the strengths and weaknesses of the presentations. Finally, FTI provides a report and appendix of the questionnaire findings.

Trial Simulation
A trial simulation gives lawyers and witnesses an opportunity to rehearse the trial of a case in summary form. It also serves as one last pre-trial evaluation of case themes and strategy. It is most useful when a client faces serial or multiple litigation on the same product or issue and wishes to bring several trial teams together to learn common trial strategies applicable to their different cases.

This approach evaluates the effectiveness of witnesses and key case themes, allows attorneys to fine-tune their trial presentations, and allows participants to see and hear jury deliberations. Following an extensive trial simulation over a two- or three-day period, FTI provides the trial team and corporate client with a full narrative report, including charts and appended data summaries, in addition to videotape of the research exercise.