The Power of Story: How to Use Stories at Trial and Mediation

Mon, Nov 24th, 2025 | by Miles Mediation and Arbitration | Article | Social Share

By M.J. Blakely   

Trial lawyers are master storytellers, and storytelling is a powerful art. It’s powerful because human beings communicate, plan, operate, and live every day in the context of stories —fantastic narratives in which we mutually agree to abide, and from which we understand the world around us. Because stories are such a critical part of the human experience, honing the art of narrative storytelling will make you a better trial lawyer, and a more effective advocate for your clients in mediation as well.

A story, when carefully crafted, is like a Trojan horse — it’s a vehicle for infiltrating the minds and hearts of others with a message, and once safely secured behind the walls of our prejudices and preconceived notions, the story takes hold of our conscious mind and imposes its will. The Trojan horse was a military weapon of subterfuge used to conquer a great city, but stories don’t have to be used for nefarious purposes. They can also be used to provide information that empowers people to establish justice.

What are Stories and Why are They so Important?

Stories are the primary way that our species exchanges information. Wherever information is shared, critical messages are communicated via a story. The better the story, the better the communication. As a vehicle, a story can transport us through time and space, take us to places we’ve never been or that don’t exist, and trigger real, physiological responses – from joy to grief. Stories are important because they are powerful, uniquely human tools. Our species has been engaged in the practice of telling and believing stories ever since the first apes gazed at the stars and fashioned them into gods. Perhaps this ability to tell and believe a narrative is what separates us from the other animals.

While I don’t know why we make up and believe stories, as a trial lawyer, I’m an expert storyteller and have seen, firsthand, the impact of stories, not only on juries, but also on people in general — and so have you. It’s just that the make-believe is so commonplace we often fail to realize we are a part of the narrative. Whether it be the story behind a nation’s flag, which may instill the pride we have in our country; the stories we believe about money, which convert a mere paper object into currency; or the stories wielded by a trial lawyer spinning a yarn of evidence into a verdict of gold, we find ourselves yielding helplessly to the narrative. Not out of naïveté, but because stories are useful. They bind us to one another and allow people to cooperate in complex ways, which is why I am fond of telling plaintiff’s and defense lawyers alike that, “if you want a jury to connect and cooperate with you, then you must have them accept your invitation to become a part of a story.”

The Mechanics of a Good Story

So, let’s talk about the elements of a good story. Take a typical auto accident case. It’s easy to become a little lazy when it comes to the narrative. The police officer’s incident report tells us what happened, and the medical records provide evidence of damages, so our instinct is to frame the story around what the officer has described and what the doctor has diagnosed. But the officer has been trained to provide the most boring factually neutral story possible, and the doctor is a scientist, not a storyteller.

On the other hand, trial lawyers are tethered only by evidence and procedure. Because the evidentiary elements of our cases are so critical, we can often be tempted to spend inordinate amounts of time developing our evidence at the expense of developing a compelling story – all while squandering the trial lawyer’s gift. Do not fall prey to the tide of form over substance. Resist by crafting your evidence into a gripping and persuasive story.

A good story need not be complex, but it must be told well. Stories, at least those stories that tend to move people, generally follow a problem/solution pattern. There is a status quo that exists. A situational problem arises. Then a solution or victory is obtained, often by a person who is a hero. The knottier or thornier the problem, and the more creative the solution, the more that story resonates, and picks open locks in our minds. This is why inside a good story, we’re more openminded, and more persuadable.

Coincidentally, the classic framework of a captivating story is the same framework encountered in many of our cases. A person is bumping along, living his or her life, and then – bang! Bad things happen; perhaps a contract is breached or someone becomes horribly injured. Now the person must fight through the problem. He may have lost a critical business opportunity, or she might have medical expenses, pain, suffering, loss of a job, or other troubles.

As lawyers, we have the opportunity to fashion the evidence into a story that empowers a jury to accept the solution that our clients desire. If you have told the type of story that has brought the jury into the life of the character — your client — the jury will step into the story and take on the role that they’ve seen played out repeatedly in stories throughout their lives. They become the agent of change. The hero that dispenses justice and restores righteousness and order to the lives of the parties involved. Whether your client is the plaintiff or the defendant, when it comes to the jury, the best story (vehicle for transmitting your ideas) wins.

To sum up, the facts of your case are the battleground, but the story is the fight. The main ingredients of a story are character, conflict, and resolution. Your story should include your client, how his or her life was disrupted, and then (hopefully) a verdict in his or her favor. You want the jury, your audience, to care about your client/character, and you want the relief to be an appropriate remedy.

Using Stories at Mediation and Trial

Remember this as you build your case. Look beyond the facts in a contract, police report, medical records, testimony, or other evidence, and ask yourself – what story does this tell? Because the story is what compels people. The story is what captures people’s most vulnerable human instincts, and the story is what wins.

To build this kind of narrative as you prepare for trial:

• Identify your story early and keep an open mind because you may need to adapt it.
• Choose a main character — perhaps your client (or your client’s family), a business owner (or the business’s employees). And make your characters real-life, multi-dimensional people that the jury can grow to know, and love.
• Establish trust. People will avoid talking about difficult circumstances unless there is trust, and it’s the difficult things that make a story rich and exciting. When clients/witnesses trust you, they provide deeper, more complex information for your story.
• Look for a theme that runs throughout your story. Is it about distracted driving? Profits over people? Safety? The theme is often connected to the essence of the conflict. For example, the conflict may look like, “the red car hit the blue car.” And that’s a story, but it isn’t a good story. A good story is that the person in the red car was distracted when she was supposed to be guarding the safety and wellbeing of her fellow motorists.

Case facts don’t make themselves into a story on their own. They must be shaped. A jury is supposed to carefully evaluate each party’s facts and determine, by the evidence presented, what outcome should take place. But we’re human beings. We construct and believe in stories, and so the better-told story can often mean the difference between a win and a loss or a win and a big win.

When you understand your story, you develop evidence that supports that story. Think of the “whys”. Why did the tragedy happen? Think of big-picture aspects that are bigger than the incident that caused the harm. What can the jury fix? How can the jury fix it?

Stories are not only useful at trial. Your client’s story can also be an effective tool at mediation and can help the mediator understand not only the facts of the case but also how your client has been affected — and how a jury is likely to respond to your client. At mediation your goal isn’t to convince a jury; nevertheless, crafting a thoughtful, compelling story can help you better prepare for mediation and for trial, should mediation fail.

Finally, practice your story. Share it with your significant other, your law partners, the Lyft driver. Tell it over and over again. You’ll find yourself tweaking it and perfecting it along the way. Tell it so often and so well that it ceases to be a mirage and becomes a manifested reality.  Don’t worry about sounding contrived. You’re telling a story, and that’s what juries and people want. I say this — the good lawyers practice and practice until they get it right. The great ones practice and practice until they can’t get it wrong.

*Originally published in the Daily Report and reprinted with permission.

About M.J. Blakely

M.J. Blakely is a mediator, trial lawyer, and complex litigation specialist with a passion for establishing justice for all. His real-world legal experience led him to the conclusion that most cases settle, so he dedicated a part of his practice to ensuring parties reach the best possible settlement outcomes. M.J.’s mediation practice includes catastrophic personal injury and wrongful death cases, product liability cases, class actions, mass tort cases, civil rights cases, and commercial business disputes. Although M.J. primarily represents plaintiffs these days, he has represented both plaintiffs and defendants during his nearly 20-year legal career, and he is intimately familiar with the unique interests each party brings to mediated and arbitrated disputes.