A: That’s a fascinating question. I see the future of ADR in Miami as bright as a Miami Beach sun at noon on the 4th of July – very bright and very hot.

Not long ago, I spoke to a class at the University of Miami School of Law and asked, “How many of you want to be a trial lawyer?” About 70% of the class raised their hands. I said, “I’ve got some bad news for you. You’re probably going to be a litigator.”

I wasn’t telling the students that they were ill equipped to try cases or that they lacked the talent to present a case to a jury. I wasn’t there to dash their hopes. Not at all. I went on to explain that a jury trial is an anomaly in our present day justice system. Today, cases are far more likely to be resolved in a caucus room rather than a courtroom. The statistics prove it.

In 2015, the 11th Judicial Circuit Civil Division disposed of 33,359 cases, yet there were only 225 reported jury trials. Even the 225 jury-trial figure was likely deceptively high. A jury trial is statistically recorded when the jury is empaneled, not when there is a verdict. Probably 10% of recorded jury trials do not result in a verdict, since cases are either settled during trial, mistried, or voluntarily/involuntarily dismissed.

Mediation and arbitration are the wave of the present and future.