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Solution Focused Mediation
by Fredrike P. BanninkPosted on September 1, 2008 | No Comments“Winning will depend on not wanting other people to lose.” –R. Wright. Nonzero. History, Evolution and Human Cooperation INTRODUCTION Using mediation, conflicts can often be resolved rapidly, economically and at an early stage, with a satisfying outcome for the clients involved. From the perspective of ‘game theory’ mediation revolves […] -
Some Juror Rules for Determining Damages
by David Davis, Ph.D.Posted on September 1, 2008 | No CommentsEver tried a case in which a jury has awarded damages? If so, you probably know that the model of the jury as a group of rational decision makers who evaluate all the available evidence to make an informed damage award is not a useful or accurate one. Instead many […] -
Using the Science of Persuasion in the Courtroom
by Edward Burkley, Ph.D. and Darshon AndersonPosted on September 1, 2008 | No CommentsOftentimes, our ultimate goal when interacting with others is to change their mind and eventually their behavior. This change is called persuasion (Brock & Green, 2005). The judicial process is itself a display of social interaction with the ultimate goal of persuasion, from the authoritative figure of the judge to […] -
Lawyers Learning to Communicate
by Patricia McEvoy, Ph.D.Posted on September 1, 2008 | No Comments“It’s honestly the best class I have taken in law school. This class is preparing students to be lawyers, not just how to act like one or read cases.” DePaul Law School student, 2008 “What you are providing to your students is important and inspirational. These future lawyers […] -
Witness Preparation: Hidden False Assumptions, Real Truths, Recommendations
by David Illig, Ph.D.Posted on September 1, 2008 | No CommentsIn Parts One and Two of this series (see the May 2008 and July 2008 issues of The Jury Expert) I taught that litigation has many assumptions about testifying and witness preparation. Those assumptions are false but do not operate at full awareness. In part Three, I continue with additional […] -
A Jury of Your Peers: Venue, Vicinage and Buffer Statutes
by Jason C. MillerPosted on September 1, 2008 | No CommentsMany understand the concept of venue — the place where a trial is to be held. A change of venue is a popular strategic move, such as in the movie A Time to Kill where the defense attorneys seek, and are denied, a change of venue that would move a […] -
Our Favorite Thing(s) for September
by The Jury ExpertPosted on September 1, 2008 | No CommentsGranted. Our Favorite Thing[s] this month are not for everyone. Actually, it’s plural this month in a nod to just how geeky (yet quirky and oddly attractive) these two resources are to the curious mind. One writer describes our first favorite thing as “Napster for Nerds”. (You may want […] -
RSS: Your Easy Button for the Internet
by Tammy Metzger, J.D. and Caryn TabagPosted on July 1, 2008 | No CommentsImagine having an entire research team that works around the clock, scouring the internet to compile and organize a personalized newspaper — just for you — every day. Relevant information is immediately organized into a familiar, easily searchable format and there are no ads. Does that sound too good to […] -
Getting Beyond the Catchy Phrase and Creating a Trial Theme that Truly Works
by Ken Broda-Bahm, Ph.D.Posted on July 1, 2008 | 2 CommentsBy now, the advice to “use a trial theme” is or should be familiar to any practicing litigator. It is intuitive to discover and use a statement that unifies and embraces your view of the entire case. But crafting the right theme involves much more than […] -
How Can We Help Witnesses to Remember More?
by Tim Perfect, Ph.D.Posted on July 1, 2008 | 3 CommentsEyewitnesses play a crucial role in the forensic process. At the outset, the details that they recollect, and the descriptions they provide help to shape the police inquiry, and at the end of the process, the testimony they provide in court can have a significant impact upon the outcome of […]