Jury Waiver Provision is a contractual clause whereby one or both parties agree to waive the right to a jury trial, replacing it with litigation as the standard process for resolving contractual disputes. Jury waiver clauses are often included in contracts because jury trials can be time-consuming and costly. In addition, juries are thought to be more likely than judges to award extremely large damages.
- a trial in which the case is heard by a judge rather than a jury, and the judge decides both questions of law and questions of fact. Jury trials require less time and money than jury trials and provide parties with procedural and evidentiary remedies that may not be available in arbitration. In addition, concerns about over-judging tend to be minimized when the dispute is brought before a judge rather than a jury.