We do not rely on one mediator to close your case. Instead, we use three neutrals: One who has succeeded as a plaintiff attorney; One who has succeeded as a claim leader handling major claims; and one who has succeeded in conducting jury research. It’s a powerful mix. But, if you don’t like our neutrals, you can pick your own.
We only accept cases we are highly likely to resolve. Also, to successfully use this package of settlement tools we need to get to know each other.
We do this through a Zoom call that typically lasts 45 minutes. The goal is to get to know one another; and to determine if we are likely to succeed in settling your case.
Even if Guaranteed Impasse Breaking fails to settle the case, you win! You get the benefit of extremely realistic jury research using actual arguments from the other side. You cannot get such realistic feedback anywhere else. It helps you try your case more effectively.
We’ve been around since 1989 and have settled or evaluated cases in all 50 states. This process brings the power of a jury – being on the courthouse steps – into the hardened heart of cases that are not moving. Exactly what it takes to close big difficult cases!
This is a package of services, not a mediation. Lawyers can always argue with mediators and reject their evaluations. But lay people are something different. They don’t care who they offend, and are thus uniquely able to bring home the reality of a case to both sides.
What you do with your results is up to you.
We will record their clopening so you can use it in your private trial. We will record your clopening so they can use it in their private trial.
Online, unless you want in-person private trial and are willing to pay the extra costs of the in-person format.
Whatever it takes. Typically this means private discussions, followed by a half-day mediation.
First Court has years of experience bringing the other side to the table. We embrace the challenge of doing so, unless you have a great relationship with the other side and can easily get them onboard yourself.
Your mock trials are worthless for breaking impasses because your opponent rightly suspects you spin your mocks for your own benefit. First Court is neutral. We draw on 33 years of recruiting neutral jurors and conducting fair private trials for both plaintiffs and defendants. To get buy-in from the other side, you will use THEIR actual pre-recorded arguments in your First Court private trial. And vice versa. Result: Our private trials are far more realistic and objectively fair than either party’s one-sided mock trials.
We get our demographic targets from the Census Bureau website. We ask past First Court jurors to send their friends and neighbors to our jury recruiting website. We also advertise for jurors. We interview each juror who fits the demographic targets. You get to review this information and approve the jurors for your private trial.
a) Each juror gives instant feedback to the opening, witnesses and closing;
b) Individual verdicts from each juror;
c) Three group deliberations and three group verdicts;
d) A video record of the entire private trial.
Economics. We want to work on cases where we our process makes business sense.
Our non-refundable administrative fee is $1,000 per party, payable after your Zoom call. Our Success fee is $50,000 per party, which you pay only if the case is resolved two weeks before your trial date.
If you want an in-person private trial or a private trial that goes longer than a day, you will need to pay those extra non-refundable costs upfront.
