Law.com (July 30, 2021) - As judges around the country gingerly reopen their courtrooms and invite lawyers, litigants and jurors back for business—sometimes as usual, but often still far from the normal routines of years past—they’re being confronted by an array of pitfalls, real and potential…
But one very real dilemma is already on their minds: Backlogs of criminal, civil and domestic cases that have piled up, exacerbating already crowded dockets where litigants and lawyers jostle to get motions filed, rulings issued and, toughest of all, cases tried…
The reality of a trial date that all parties can count on happening is the most crucial “hammer” driving serious negotiations.
Adam Malone of Atlanta’s Malone Law, president-elect of the Georgia Trial Lawyers Association, said that while “issues with resuming jury trials differ from courthouse to courthouse,” judges “are urging now, as they did pre-pandemic, that the parties work together to resolve with each other by mediation or some other form of alternative dispute resolution, but not with undue pressure.”
“The most effective and efficient way to reduce the civil backlog is to urge mediation together with notice of a trial date no matter how distant. Short of those steps, early and swift rulings on pending motions will make ADR options far more productive,” Malone said. “Resolving as many questions as can be resolved short of a jury trial is the second best way to reduce civil backlog.”