Demonstrative evidence can be used in alternate dispute resolution for the same reasons it is used in trial – to facilitate the comprehension and memory retention of complex information. The issues and evidence for arbitration or mediation are of course the same as they would be for a trial, but the presentation methods may vary. Because the experts whose conclusions are central to the case are typically not present to testify, alternate tactics need to be used. A similar situation may occur if you want to present your client’s case to a focus group or mock trial, or while creating a settlement portfolio.

A “Mediation Portfolio” can be developed to present the testifying expert’s work. This Mediation Portfolio is a multiple media presentation of information, organized and produced in such a way that an attorney can easily and effectively present a technical expert’s work when the expert is unavailable. In addition to the demonstrative evidence and evidentiary exhibits, it can include the videotaped testimony of the expert presenting the exhibits, or an accompanying voice-over of the video exhibits. It contains in one package all the media elements the attorney and expert would want to present to a jury at trial.