Waiver of jury trial: Overview, definition, and example
What is a waiver of jury trial?
A waiver of jury trial is a contractual provision where the parties agree to resolve any disputes arising under the contract through a bench trial (where a judge decides the case) rather than a jury trial. This clause is typically included to streamline the dispute resolution process and reduce the time and cost associated with litigation.
For example, in a loan agreement, both the borrower and lender might waive their right to a jury trial, agreeing instead to have a judge resolve any legal disputes.
Why is a waiver of jury trial important?
A waiver of jury trial is important because it simplifies the litigation process by avoiding the complexities and unpredictability of a jury trial. Jury trials can be lengthy, expensive, and influenced by emotional factors, while bench trials are often faster and more predictable.
For SMBs, including this clause in contracts can save time and reduce legal expenses in the event of a dispute. It provides a more efficient path to resolution and gives both parties greater control over the process.
Understanding waiver of jury trial through an example
Imagine a commercial lease agreement where the landlord and tenant include a waiver of jury trial clause. If a dispute arises over unpaid rent or property damage, the matter would be resolved by a judge rather than a jury, expediting the legal process.
In another example, a construction contract might include:
- “In the event of a dispute arising under this Agreement, the Parties expressly waive their right to a trial by jury.”
This ensures that any legal disagreements are handled through a bench trial, reducing potential delays and costs.
An example of a waiver of jury trial clause
Here’s how a waiver of jury trial clause might appear in a contract:
“Each Party hereby knowingly and voluntarily waives any right to a trial by jury in any action or proceeding arising out of or related to this Agreement. This waiver is intended to apply to all claims, disputes, or controversies between the Parties.”
Conclusion
A waiver of jury trial clause allows parties to resolve disputes through a bench trial instead of a jury trial, providing a faster, more cost-effective, and predictable resolution process. By agreeing to this waiver, parties can avoid the complexities and potential unpredictability of jury trials.
For SMBs, including a waiver of jury trial clause in contracts can significantly reduce litigation costs and time while maintaining a fair and efficient approach to resolving disputes. It is a practical provision that supports smoother and more streamlined legal processes.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.