Waiver of trial by jury: Overview, definition, and example
What is waiver of trial by jury?
A waiver of trial by jury is a legal provision in which the parties involved in a dispute agree to forgo their right to have a trial decided by a jury. Instead, the case will be decided by a judge alone (a bench trial). This waiver is often included in contracts and agreements, particularly in commercial or business contracts, as a way to expedite the resolution of disputes and reduce the costs and uncertainties associated with a jury trial. By waiving the right to a jury, the parties agree to let the judge decide the outcome of the case.
For example, a business contract may include a clause stating that if a dispute arises, the parties agree that any legal action will be decided by a judge and not by a jury.
Why is waiver of trial by jury important?
The waiver of trial by jury is important because it allows the parties to streamline the legal process, which can be time-consuming and costly when a jury is involved. Jury trials can be unpredictable, and some businesses may prefer to have a judge, who is experienced in legal matters, make the final decision. Additionally, avoiding a jury can help reduce the potential for emotional bias or confusion in complex legal cases.
For businesses, waiving the right to a jury trial can lead to faster resolutions, lower legal fees, and more predictable outcomes. However, it is essential for businesses to consider the pros and cons of such a waiver, as it may limit the ability to argue the case in front of a jury of peers.
Understanding waiver of trial by jury through an example
Imagine two companies entering into a contract that includes a waiver of trial by jury clause. If a dispute arises over the contract, both parties agree that the case will be decided by a judge, not a jury. This can help expedite the case, as it avoids the delays associated with jury selection and the more unpredictable nature of a jury’s verdict.
In another example, a consumer might sign an agreement with a service provider that includes a waiver of trial by jury clause. If the consumer later sues the company for a breach of the agreement, the dispute will be resolved by a judge rather than a jury, potentially simplifying the legal process.
An example of a waiver of trial by jury clause
Here’s how a waiver of trial by jury clause might look in a contract:
“The Parties hereby waive their right to a trial by jury in any action or proceeding arising out of or relating to this Agreement. The Parties agree that any such action or proceeding shall be tried by a judge, and the judge’s decision shall be final and binding on the Parties.”
Conclusion
A waiver of trial by jury can be a useful tool in contracts, particularly for businesses looking to reduce the time, cost, and unpredictability associated with jury trials. By waiving the right to a jury, businesses can ensure that disputes are resolved by a judge, which may lead to a more efficient and predictable outcome.
For businesses, carefully considering the inclusion of a waiver of trial by jury clause is essential, as it can have a significant impact on how legal disputes are resolved in the future.
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.