Experimentally test two or more alternative strategies.
When two or more paths are available for trying a case, a Strategy Comparison Study (SCS) can empirically assess the costs and benefits of either road. Our clients have used the SCS methodology to answer such questions as:
- Should liability be conceded?
- Will an affirmative comparative negligence defense help or hurt?
- Does an economic damages defense hurt our liability defense?
- Should we focus the case on personal responsibility or on product design?
- How do alternative witnesses compare on the three basic variables jurors use to evaluate witnesses: credibility, likeability and clarity?
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The SCS uses an experimental design where several mock juries are presented with one approach (Condition 1), and several other mock juries whose participants are matched with those from Condition 1 are presented with another approach (Condition 2). A statistical and qualitative comparison of attitudes and verdict between the conditions provides a bottom-line, empirical answer to the research question, as well as a wealth of feedback about issues, Persuasion Icons™, and trial strategies. A Perception Analyzer can also be utilized to evaluate moment-to-moment juror responses to specific arguments and witnesses.
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