Domina Law Group pc llo lawyers, David Domina and Brian Jorde, will present an extensive paper concerning vanishing trial. The paper entitled, Trial: The Real Alternative Dispute Resolution Method, was invited by the Nebraska Association of Trial Attorneys. Domina LawGroup pc llo is recognized across a broad section of the country for its trial practice.
“Trials are rapidly diminishing in number, and there are ever more legal and judicial roadblocks to trial,” David Domina observed. “We made known our interest in the subject and our concern about the diminishing trial. We have long actively supported and promoted the obvious importance and dynamics of state and federal constitutional provisions governing the right to trial, now we have written an extensive paper about the process and the pressures it faces.”
Domina and Jorde’s paper deals with changes in judicial attitudes toward trial and concern about judges as “case managers,” as contrasted with arbiters of the law. It highlights the concern for docket management and voluntary case resolution. The paper explores how, why, and at what price this process has become a priority for the judicial system. The paper contrasts the prominence of judicial thinking about case processing toward and through trial, as compared with management of litigation to discourage trial.
The paper may be read here.