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LJN NewslettersNewsSectionsThe Corporate Counselor

Case Management and Analysis

By David J. Bradford
July 30, 2007

The great civilizations, dating back to ancient Babylon, resolved disputes by conducting trials. There are many reasons why 'trials' have stood the test of time ' validated by centuries and civilizations ' as a universally recognized method of dispute resolution.

In the last few decades, 'going to trial' has lost its luster. Corporate counsel and business leaders have grown wary of the risk, expense and diversion of resources associated with trials. As plaintiff lawyers availed themselves of new theories of liability and liberal discovery, courts have grown congested and the road to verdict has grown longer. Trials have become synonymous within the business community with aberrant verdicts and wasteful expenditures of time and money.

In fact, a recent report by the Administrative Office of the U.S. Courts shows that fewer cases are going to trial each year, despite the consistently large number of cases filed. The report states that in 2006 there were 259,541 civil cases filed in federal district courts, a 2.5% increase from 2005. However, the number of completed trials decreased by 3.3%, and that's been the story over the last decade. In 1997, more than 10,000 trials were completed ' nearly double the 5121 trials in 2006 ' and each year the figure has waned, indicating corporate America's growing distaste for resolving its business differences in a court of law.

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