A valuable preparation option for any high-stakes arbitration is the mock arbitration, which serves many of the same purposes as mock trials and jury research for court cases. Mock arbitrations serve to:

  • Identify strengths and weaknesses in a party's case and arguments;
  • Show where and how case presentation and cross examination can be improved;
  • Help counsel and client better evaluate their case based on arbitrator feedback; and
  • Help the client and counsel evaluate settlement options.

When done well, the reason a mock arbitration works is that counsel (and client) receives neutral mock arbitrator feedback on every issue that counsel seeks to test.

Who Oversees the Mock Arbitration?

Although variations on a mock arbitration might be organized internally by a law firm representing a party, with its own partners or others recruited as mock arbitrators, this process as a testing mechanism is best professionally handled by experienced professionals, such as a trusted jury research firm with experience in running mock arbitrations. They are experienced in breaking down the process into steps in which mock arbitrator feedback is obtained at each stage.