The Waiver-of-Jury-Trial Clause: Why Giving Up a Jury May Help Your Case
Most people see a jury trial waiver in a contract and assume it’s bad. Why would you give up the right to have your peers decide your case? But in business litigation, the truth is more nuanced. Waiving a jury can sometimes be the smartest move you never realized you agreed to.
What Is a Jury Trial Waiver?
A jury trial waiver is a clause where both parties agree in advance that any disputes will be decided by a judge—not a jury. You’ll still have your day in court, but the factfinder will be the judge alone.
Why Many Business Owners Fear It
Clients often ask me: “Doesn’t that mean I lose rights?” In one sense, yes—you lose the option of a jury. That can feel risky. But juries aren’t always the best venue for business disputes. Judges are often better equipped to interpret contracts, analyze damages, and apply the law consistently.
The Downsides of Jury Trials in Business Cases
- Unpredictability: Juries may be swayed by sympathy, emotion, or misunderstanding of complex contracts.
- Longer & Costlier: Jury trials require extensive voir dire, jury instructions, and motions practice, adding time and expense.
- Uncertainty in Damages: Jury awards can be more volatile than bench trial judgments.
Why a Waiver Can Be Good for You
- Efficiency: Bench trials usually move faster and cost less.
- Expertise: Judges handle contracts daily and are less likely to be swayed by non-legal arguments.
- Predictability: Outcomes may be more consistent and grounded in law.
When to Think Twice
Of course, not every case benefits from a waiver. If your dispute involves equities, credibility, or facts where community values matter, a jury could be an asset. That’s why it’s important to weigh the risks and benefits before signing.
JDE Law Firm Can Help
At JDE Law Firm, PLLC, I explain to clients that jury trial waivers aren’t always traps—they can be tools. Whether you’re negotiating a new agreement or facing litigation under a waiver, we’ll make sure the clause works to your advantage.
📞 NY: 718-966-0877 | NJ: 732-490-7120
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