Arbitration & Mediation

Should You Raise the Spectre of "CSI" Juror Bias at a Mediation?

By Victoria Pynchon

Listen, if corporate entities believed they couldn't overcome juror bias, they would never try a case.  How to accomplish that feat is the difficult task of every great trial attorney who represents a corporate defendant.  

Despite the research cited below, I do not suggest that plaintiffs' attorneys, as a matter of mediation strategy, suggest to corporate defendants that they will lose at trial because of juror bias.  Why?  Because it more or less enrages people, including corporate representatives, to be told that they must pay more money than they believe a case is worth because the system is unjust.     

Remember, fairness in the distribution of resources is more important to people than the absolute amount of resources distributed. 

The report on juror bias -- particularly so-called CSI juror bias -- below.  

The good news is that the bad news comes from one of the best jury consulting firms in town -- Jury Impact.  What's so good about that?  Jury Impact doesn't simply report bias, its people understand bias and are prepared to combat it.  Without consultants like Jury Impact's Chris St. Hilaire, however, a corporation's best alternative to trial may well be a reasonable settlement that serves its commercial rather than its justice interests.  

The Jury Impact report below:

In a question we’ve asked in several surveys, approximately 62% of prospective jurors say they would ignore the law in order to hold a corporation financially responsible, if they thought the individual was sympathetic.

While this is a general bias, among . . . “CSI jurors”  [those who watch crime/medical drama TV shows] it’s consistently worse. Approximately 72% of the “CSI ju­rors” said they would ignore the law and hold a corpora­tion responsible.

Why is this? A Hollywood producer recently gave us a pretty succinct and convincing explanation: “Look at the plotlines in these shows. Is the corporation ever the good guy? The jurors are using confirmation bias to build the storyline they want to believe…the one they’re familiar with.”

Full post as published by Settle It Now Negotiation Blog on January 25, 2008 (boomark / email).