Robert Shapiro – Glaser Weil, Los Angeles

Have you seen a willingness of parties to explore settlement of litigation where that had not previously been on the table on account of a concern for delays and unknowns in the judicial system?

“I have—on account of the uncertainties of when and how civil dockets will return to something approaching normal. In particular, litigation strategy has been greatly affected by the uncertainty of when and how civil jury trials can résume, and the large backlog of cases approaching the deadline under California law to bring cases to trial within five years of their filing. I view the increased willingness to use mediation as a big advantage. I find that mediators are being very aggressive in working toward a settlement, particularly where there is insurance coverage.”

What’s your take on the use of video as part of the litigation process and how far can it go?

“The continued use of video, even after civil litigation returns to something approaching normal, has many benefits. With this new normal, lawyers and clients alike are getting used to video communications. The use of Zoom has been particularly effective so far in mediation, with the added bonus of eliminating the cost and time of travel, which benefits all parties. However, while Zoom has been effective for mediation, and seems possible for motion practice and even bench trials, I do not see a clear path to resuming jury trials, except in an in-person courtroom setting.”

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