Despite what the news media reports, the courts are not being flooded with personal injury lawsuits.

What is draining the courts resources is the Government bringing criminal and civil actions against individuals and businesses, and businesses suing businesses.

Even so,  fewer and fewer civil cases are being tried.

Other than the expense, one reason is more liberal Discovery, significantly eliminating “trial by ambush” and promoting settlement.

Another factor is mediation and arbitration. Parties are deciding or resolving disputes outside the court system.

As a mediator, as well as a trial attorney, I think this is wonderful!  However, arbitrators are not bound by judicial precedent or even the law. Therefore, if one tries to research what a case is worth, what a jury will decide, more and more cases will not show up in the research.

All of this is creating a very different way we lawyers practice law. Whether this is for good or ill, ” the jury is still out.”