RESOURCES

Everyone is familiar with the concept of “trial by jury.” In fact, the Seventh Amendment of the United States Constitution codifies the right to a jury trial in certain civil cases. As a business owner, you have the ability to include a “Jury Trial Waiver” in the standard terms of your customer contract. In a jury trial waiver clause, the parties agree that if there is any litigation arising out of or relating to their agreement, each party waives its right to have a trial by jury.

As a business owner, why should you want a jury trial waiver clause in your contract? Because in a potential dispute, a judge would resolve all questions of law and fact. This is known as a “bench trial” instead of a “jury trial.” This could work to your advantage because:

• a jury of laypeople may not understand the complex issues that can be involved in litigation

• a bench trial is likely to produce a more predictable outcome than a jury trial

• a jury can be biased against the “bigger guy” and biased in favor of the “little guy”

• a jury trial takes longer and costs more than a bench trial because they require additional work

At Wyman Legal Solutions, we know there’s a right way and a wrong way to draft contracts for small business clients. Let us help protect your legal rights and cash flow. We can review your business contracts for a jury trial waiver or for any other important terms, provisions or clauses. Just reach out to us today and we’ll get started!