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Disappearing Trials? A Comparative Perspective

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  • Herbert M. Kritzer

Abstract

Is the declining incidence of trials a uniquely American phenomenon or does it reflect a broader trend in the common‐law world? To explore this question, this article examines trial patterns in England and Wales (both civil and criminal) and in the Canadian province of Ontario (civil only). There is a reasonably clear pattern of declining numbers (and rates) of civil trials in both jurisdictions examined, although in England and Wales much of the change reflects changes in jurisdiction and procedure. Some of the common patterns across the three countries may reflect the international focus of alternative dispute resolution, and some of the pattern may reflect ongoing changes in civil procedure. In England and Wales, the incidence of criminal trials in the Crown Court shows a remarkable pattern of stability, even as the number of cases rises and falls during the period examined; the reason for this pattern of stability is unclear.

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  • Herbert M. Kritzer, 2004. "Disappearing Trials? A Comparative Perspective," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 1(3), pages 735-754, November.
    • Handle: RePEc:wly:empleg:v:1:y:2004:i:3:p:735-754
    DOI: 10.1111/j.1740-1461.2004.00022.x
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    Cited by:

    1. Murphy Tim, 2017. "Justice and the Common Good in Dispute Resolution Discourse in the United States and the People’s Republic of China," The Law and Development Review, De Gruyter, vol. 10(2), pages 305-339, October.
    2. Dimitrova-Grajzl, Valentina & Grajzl, Peter & Zajc, Katarina, 2014. "Understanding modes of civil case disposition: Evidence from Slovenian courts," Journal of Comparative Economics, Elsevier, vol. 42(4), pages 924-939.
    3. Kim Economides & Alfred A. Haug & Joe McIntyre, 2013. "Are Courts Slow? Exposing and Measuring the Invisible Determinants of Case Disposition Time," Working Papers 1317, University of Otago, Department of Economics, revised Nov 2013.
    4. John R. Campbell, 2020. "Interrogating the Role and Value of Cultural Expertise in Law," Laws, MDPI, vol. 9(4), pages 1-23, November.
    5. Franziska Weber, 2015. "Is ADR the Superior Mechanism for Consumer Contractual Disputes?—an Assessment of the Incentivizing Effects of the ADR Directive," Journal of Consumer Policy, Springer, vol. 38(3), pages 265-285, September.

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