There is an evolution taking place in the way in which we resolve our legal disputes. Budgetary pressures have forced layoffs,closure of courts on certain days, reduction of business hours causing Judicial vacancies to go unfilled. The result is hampering the resolution of cases by the postponing of trial dates and in some cases delaying civil trials as much as 2-5 years.
In response to these forces Mediation and Arbitration have become more widely utilized by parties. Mediation is nonbinding. The parties agree on a Mediator and then present their cases informally. The parties are then separated and for the remainder of the session the Mediator goes back and forth in an attempt to narrow the differences and ultimately settle the case. Arbitration is binding on the parties. However once again the presentation of evidence is informal cutting down the cost of litigation.
A new development is the emergence of the private trial. The Private Trial is just like an actual courtroom trial except the parties select the judge, possibly a retired judge and private jurors are recruited for professional or personal expertise. The parties are in control of scheduling which can be daunting in the Trial Court where there is little flexibility, trial days are sometimes only a half day thereby extending the length trial and the parties are subject to interruptions in their trial due to other court business. In addition Video Conferencing and Skype can be used for out of state witnesses in the Private Trial.