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 The Lawyers Weekly has an article on Vanishing Trials: Out of court settlements on the rise.  According to the article:

Figures out of the U.S. indicate that 98.2 percent of civil matters are settled before trial, she noted, and in Ontario the rate is almost as high, approximately 95 to 96 percent.

Employment disputes have always been ripe for settlement (often because of the costs involved in litigating these disputes), as have labour issues where you can win the battle and lose the war and have an on-going relationship to manage.  So labour and employment lawyers probably have more experience dealing with mediation and Alternate Dispute Resolution techniques than some other groups.  There's no doubt that this trend, which has received considerable attention, will call on lawyers to think outside of the litigation-box. 

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