Settling Civil Lawsuits in the Hawaii Circuit Courts

Hawaii Bar Journal, Vol. 10, No. 13, 2007

36 Pages Posted: 16 Jul 2009

See all articles by John Barkai

John Barkai

University of Hawaii at Manoa - William S. Richardson School of Law

Elizabeth Kent

Hawaii State Judiciary - The Center for Alternative Dispute Resolution

Pamela Martin

Hawaii State Judiciary - The Center for Alternative Dispute Resolution

Date Written: 2007

Abstract

Although it is often said that 90% or more of cases filed in court are settled before trial, there is no empirical data that proves that statement. The research described in this article used data from over 3,000 Hawaii circuit court civil cases terminated in 1996 and information from more than 400 surveys from lawyers who represented parties in those cases to discover the pattern of non-trial dispositions, settlements, and trials in Hawaii courts. The vast majority of civil lawsuits that are not resolved by trial were the subject of this research. Information is presented about the docket, the types of cases, the pattern of filings, the number of trials, the types of pretrial dispositions other than settlement, the settlement patterns, the lawyers satisfaction with the settlements, the types of negotiations that took place, the use of alternative dispute resolution (ADR) methods, events impacting settlements, the frequency of judicial assistance with settlements through court-scheduled settlement conferences, the disposition time, the amount of pretrial discovery, and the demographics of the lawyers. The research found that between 84% and 20% of cases settled, depending upon the type of case. The survey questionnaire with the raw data appears in the appendix.

Keywords: Court settlements, civil cases, litigation, empirical data, non-trial dispositions, settlements, docket, law suits, litigation, filings, trials, pretrial dispositions, settlement patterns, lawyers, satisfaction, negotiation, law, types of negotiations, alternative dispute resolution, ADR, the frequ

Suggested Citation

Barkai, John and Kent, Elizabeth and Martin, Pamela, Settling Civil Lawsuits in the Hawaii Circuit Courts (2007). Hawaii Bar Journal, Vol. 10, No. 13, 2007, Available at SSRN: https://ssrn.com/abstract=1435047

John Barkai (Contact Author)

University of Hawaii at Manoa - William S. Richardson School of Law ( email )

2515 Dole Street
Honolulu, HI 96822-2350
United States
808-956-6546 (Phone)

HOME PAGE: http://www2.hawaii.edu/~barkai

Elizabeth Kent

Hawaii State Judiciary - The Center for Alternative Dispute Resolution ( email )

Aliiolani Hale
417 South King Street, Room 207
Honolulu, HI 96813
(808) 539-4ADR (4237) (Phone)
(808) 539-4416 (Fax)

Pamela Martin

Hawaii State Judiciary - The Center for Alternative Dispute Resolution ( email )

Aliiolani Hale
417 South King Street, Room 207
Honolulu, HI 96813
United States
(808) 539-4ADR (4237) (Phone)
(808) 539-4416 (Fax)

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