1. Are civil trials vanishing? Judge Beth M. Andrus American Judges Association October 2015

2. King County Superior Court Statistical Analysis (1992 – 2014)  Civil trials = decreased in real numbers  Tort trials = alive and well  Commercial trials = endangered species

5. King County Superior Court 1992-2014  King County, Washington Population  1992  Washington State 5,091,100  King County 1,572,000  2014  Washington State 6,968,200  King County 2,017,250 (22% population increase in 22 years)

6. King County Superior Court Statistics  Total new civil case filings  199222,108  201421,418  Total civil case resolutions  199223,814  201422,551

7. King County Superior Court 11 Major Civil Case Types  Collection  Commercial  Medical Malpractice  Other Malpractice  Miscellaneous  Personal Injury  Property Damage  Quiet Title  Tort, Motor Vehicle  Tort, Other  Wrongful Death

8. King County Superior Court 11 Major Civil Case Types  Total Civil Case Filings  199212,465  201411,287  Total Case Resolutions  199213,851  201412,038

9. 11 Major Civil Case Type Filings (1992-2014)

10. Commercial Case Filings (1992-2014)

11. Commercial Cases Defined  Breach of Contract: complaint involving money dispute where a breach of contract is involved.  Commercial Contract: complaint involving money dispute where a contract is involved.  Commercial Non-Contract: complaint involving money dispute where no contract is involved.

12. 11 Major Civil Case Types Trial Rates (1992 – 2014)

13. Medical Malpractice Trials (1992–2014)

14. Motor Vehicle Tort Trials

15. Personal Injury Trials (1992 – 2014)

16. Commercial Trials (1992-2014) 1992: 1.8% tried 2014: 0.7% tried

17. Commercial Summary Judgment Rates 19925.5% 19935.0% 19945.6% 19955.1% 19964.3% 19973.5% 19983.4% 19993.6% 20003.2% 20013.3% 20023.9% 20033.7% 20043.9% 20054.1% 20063.2% 20072.1% 20083.1% 20093.4% 20104.2% 20113.0% 20123.4% 20132.7% 20145.0% The reduction in commercial trial rates is not attributable to increased use of summary judgments. Summary judgment rates have remained fairly constant over time.

18. Commercial Case Settlement Rates 199235.1% 199334.4% 199433.8% 199533.4% 199634.0% 199731.1% 199828.5% 199929.1% 200027.6% 200126.0% 200224.8% 200323.4% 200422.2% 200521.3% 200622.1% 200718.1% 200815.6% 200914.5% 201014.1% 201113.6% 201213.7% 201317.9% 201422.3% The reduction in commercial trial rates is not the result of an increase in pre-trial settlements. Settlement rates have decreased, not increased over time.

19. Why the change in commercial case filings?  Are businesses less litigious now or are they taking their lawsuits elsewhere?  Federal court?  Arbitration?

21. W.D. WASHINGTON CONTRACT CASE FILINGS

22. Number of business transactions Gross domestic product (2001-2013)

23. What role is arbitration playing?

24. Fortune 1000 Company Views on Arbitration Question19972011 Used arbitration in last 3 years80%83% Used arbitration in commercial/contract disputes85%62.3% Provides more satisfactory process60.5%38.2% Provides more satisfactory results34.8%26.0% Provides more durable resolution28.3%18.6% Likely or very likely to use arbitration in future71.0%50.2% Unlikely or very unlikely to use arbitration in future29%49.9%

25. Reasons Companies Don’t Use Arbitration Reason19972011 Lack of appeal54.3%51.6% Compromised outcomes49.7%47.0% Unwillingness of opposing party62.8%44.9% Arbitrators not following law48.6%44.1% Lack of confidence in neutrals48.3%34.2% Senior management refusing to use35.0%24.6% Too costly14.8%22.9%

26. Repeat litigants prefer arbitration over first time litigants. A litigant’s subjective estimate of its ability to win at the start of a dispute may shape the decision on where to file. Personal injury litigants prefer jury trial more than other method of resolving a claim and more than any other litigant group. If litigants had pre-existing relationship, they preferred mediation over any other adversarial procedure.

27. Are civil trials really vanishing?  Commercial trials may soon vanish from state courts.  Not because litigants prefer federal court or arbitration.  Not because we are dismissing more cases on summary judgment.  Not because more lawsuits resolve through settlement than before.  Fewer commercial lawsuits are being filed in any court or arbitration forum.  Businesses are finding informal methods for resolving their disputes – perhaps through pre-litigation mediation or simply by negotiation.  Tort trials—personal injury, motor vehicle torts, medical malpractice—are alive and well.

28. Are civil trials vanishing? Judge Beth M. Andrus American Judges Association October 2015