I would like to offer a counterpoint to Scott Silverman’s June 4, 2018 article “The Ever Decreasing Jury Trial Rate: Why Is It on Life Support?” First, I have deep respect for Silverman as a former judge and a current mediator. Former Judge Silverman is always on my short list of mediators and I have used him several times; sometimes with success, sometimes not. Last year he mediated a complicated lawsuit for civil theft I had filed against a local law firm and developer over a large escrow deposit on a condominium project that the developer forfeited. That case just wasn’t meant to mediate and the trial went forward against the law firm.

The key part of the case was navigating jury selection, where I had three defense lawyers in the venire! Thankfully, I got two of the attorneys for cause and used a pre-emptory on the last one. The jury I ended up with consisted of five millennials and one bored baby boomer. The five millennials were fascinated with the case, paying close attention and asking questions throughout the trial, much to Judge Jorge Cueto’s consternation. On day three, the law firm ran up the white flag and settled the case with my client for a very satisfactory sum that covered his deposit, interest and attorney fees.