Civil Litigation,
Alternative Dispute Resolution
May 21, 2020
The new normal for civil case
The difficulty in resuming civil jury trials any time soon, coupled with the reluctance of many civil parties to consider settlement seriously without a looming trial date, is a problem that should concern both courts and civil litigators. The new normal during this pandemic poses a long-term threat to the health of our civil justice system, and we must find ways to keep cases moving despite the growing backlog of civil cases.
Wynne S. Carvill
Arbitrator, Mediator and Special Master/Referee
JAMS
Email: wcarvill@jamsadr.com
Judge Carvill's cases involve a variety of disputes, including antitrust/competition, business/commercial, class actions/mass torts, employment, insurance, intellectual property, personal injury/torts and professional liability.
Let's face it: We are a very long way off from a return to civil trials, especially civil jury trials. Until there is a vaccine for the coronavirus and it has been widely administered, citizens will be reluctant to respond to jury summons; and even if they do, most courthouses will not be able to assemble juries while observing social distancing. It is also difficult to see how jurors can share a traditional jury box or retire during recess to a traditional jury room....
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