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?


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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