The phenomenon known as the “vanishing trial,” a term first coined more than a decade ago, shows no sign of abating. Since the mid-1980s, the number of federal trials has been falling steadily. Last year was no exception, as civil and criminal trials completed in the federal district courts fell 5 percent, according to a report by the Administrative Office of the U.S. Courts. Similar trends can be found at the state level.
The decline in trials, at both the federal and state levels, has been driven in large part by disputing parties concerned with the risks, costs and public scrutiny of going to trial, and increasingly relying instead on alternative dispute resolution.
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