Law-Bench Trials vs - Bench Trials vs Jury Trials By Lisa...

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Bench Trials vs. Jury Trials By Lisa Kiersky Schrelber – Gwinnett Business Journal Should companies waive their constitutional right to a jury trial in favor of a bench trial? When the Founding Fathers came up with the idea of a trial by jury, it was to allow the community to be part of democracy. In fact, voting and jury service are the two ways that people are truly part of our democracy. “The jury trial was an answer to the tyranny of the kings,” says Linda A. Klein, managing partner at Gambrell & Stolz in Atlanta. “Letting real people from the community help decide problems when people can’t work it out themselves is a very good, tried and true method of getting things done for more than 200 years.” But an emerging trend among businesses is waiving the right to jury trials in favor of bench trials, where the judge is the sole decision- maker. I would say that as business people become more attuned to the costs of litigation, they’re starting to opt for bench trials,” Klein says.

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