One of the greatest things about our country is the right to a trial by a jury of our peers. It is also one of the worst.
Unfortunately, for many plaintiffs and defendants, the sad reality about our adversarial system is that we often leave our most important decision up to 12 people who care the least. This can have, and will, have detrimental effects for one of the parties involved. In this "one side takes all approach," only one party wins, despite the fact that both parties may share equal responsibility.
I love the movie Runaway Jury, because it embodies the good and bad aspects of our system. One of the principal characters, played by Gene Hackman, gets frustrated as he slowly realizes he's "being played." One of the climactic events is his discussion with some employees about leaving the decision up to 12 uneducated and unintelligent individuals.
The truth is, in many circumstances, this is the exact scenario all plaintiffs and defendants face when they meet in opposition for a jury trial. The people hearing the case, and ultimately making the decision, are limited in the type and amount of external information they can hear and evaluate. The members of the jury will also likely be persuaded by the other members of the jury, and those stronger opinions. The end result is a crushing decision for one side.
It's this type of experience that led to the more favorable method of "alternative dispute resolution," or ADR. ADR is an equitable way for both sides to claim victory, and have total control over the ultimate outcome. ADR comes in the form of mediation or arbitration.
This collaborative effort means that each party can weigh in on the success of their case, and have their case decided by the parties who care most about success.
Lawyers especially like this process because it usually means the sides can present their compelling arguments, facts, and circumstantial evidence, which they believe will help them become victorious. The parties then decide for themselves what is fair and reasonable.
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