Abstract
The article provides an overview of how jurors process information and determine verdicts in employment litigation. It is written from the perspective of one who has served as expert witness and interviewed many jurors after the fact to understand better their thought processes in making decisions. The article presents general observations about jury behavior and decision making and identifies what juries typically require to render verdicts and the importance of providing psychological anchors for that task. Reactions to adverse expert testimony are discussed as well as the specific cross examination tactics that should be avoided in the attempt to mitigate this testimony. The article highlights the implications and cautions for risk management professionals, attorneys, and psychologist-managers. Finally, the sensitive issue of identifying and responding to juror bias in the service of ensuring a fair trial is discussed.
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