Are More Cases Going to Trial?
Nick Weiss recently joined No Further Questions, the Lake County Bar Association's podcast, to discuss trends in litigation and explore that very question.
Why Litigation Feels More Contested Than Ever
Over the past year, it has become increasingly clear that our firm’s attorneys are spending more time in court than ever before. Whether the matter involves a real estate dispute, divorce, custody issue, or another contested legal matter, many cases appear to require more hearings, more motion practice, and more court involvement before reaching a resolution.
Naturally, that raises an important question:
Are more cases actually going to trial?
The answer is more nuanced than many people expect.
While publicly available court data does not conclusively show a dramatic increase in trials, our attorneys are seeing firsthand that many disputes seem harder to resolve than they once were. Even when cases ultimately settle, they often require significant litigation activity before the parties can reach an agreement.
In other words, the better question may not be whether more cases are reaching trial.
The better question may be:
Are more disputes requiring continued court involvement before they can be resolved?
Based on what we are seeing in practice, the answer may be yes.
Nick Weiss joining No Further Questions, the Lake County Bar Association's podcast.
A Note About the Data
One challenge in discussing litigation trends is that the available statistics do not always answer the questions attorneys and clients are asking.
For example, courts may report how many new cases are filed each year but provide less information about how many hearings occur, how many motions are filed, or how often parties return to court after a case begins.
That means there is an important distinction between what the data shows and what attorneys experience in practice.
Our goal here is not to claim that more cases are reaching trial. Rather, it is to discuss what we are observing firsthand in courtrooms throughout Northeast Ohio.
What We Are Seeing in Practice
Every case is different, but several trends have become increasingly noticeable.
Many disputes appear less likely to resolve early. Cases often remain active longer before meaningful settlement discussions occur. Attorneys are spending more time drafting motions, responding to discovery, attending hearings, and preparing for contested proceedings.
Even when a case ultimately settles, it may do so much later in the process than it would have in the past.
From a client's perspective, the result is often the same:
More court appearances
Longer timelines
Increased legal expenses
Greater uncertainty about the outcome
That does not necessarily mean more trials. It does mean more litigation.
Family Law: Looking Beyond Divorce Filings
When people ask whether family law litigation is increasing, they often focus on divorce filings.
The reality is that divorce filings tell only part of the story.
Many disputes occur after the original case is filed and sometimes long after a divorce has been finalized. Attorneys regularly handle matters involving:
Custody modifications
Parenting time disputes
Child support modifications
Spousal support issues
Enforcement actions
Contempt proceedings
Domestic violence matters
As a result, a family's involvement with the court system may continue for years after the original case concludes.
Recent Lorain County Domestic Relations Court statistics illustrate this point. In addition to new domestic-relations filings, the court also reported substantial numbers of reopened matters involving custody, support, and domestic violence issues. Those reopened cases may provide a better measure of court involvement than divorce filing numbers alone.
The Human Side of Family Law
Statistics also cannot measure what attorneys see firsthand.
Many families today are navigating financial pressures, higher housing costs, childcare expenses, changing work schedules, and general economic uncertainty.
When people are worried about their finances, their children, or their future, compromises can become more difficult. Even when both parties are acting reasonably, the issues at stake often feel too important to simply walk away from.
While that observation cannot be proven through court statistics, it is something family law attorneys encounter regularly.
Real Estate Litigation: More Than Property Disputes
We are seeing many of the same challenges in real estate litigation.
Real estate disputes often involve significant financial investments and important property rights. For many individuals, a home, rental property, or business property represents one of their largest assets.
Our attorneys routinely handle disputes involving:
Contractors and construction projects
Property disclosure issues
Boundary and easement disputes
Landlord-tenant matters
Community association conflicts
Commercial real estate disputes
These cases frequently require extensive document review, expert opinions, inspections, depositions, and motion practice before a resolution can be reached.
Economic Stress May Be Playing a Role
The financial stakes in many real estate disputes feel higher than ever.
Property owners, landlords, contractors, investors, and businesses are operating in an environment of higher costs and greater financial pressure.
When more money is at stake, people may be less willing to compromise. Contract disputes have become more important. Construction defects become more costly. Property rights become more valuable.
Again, we cannot easily measure that trend with public court data.
What we can say is that many litigators are seeing disputes become harder to resolve because the financial consequences matter deeply to the people involved.
So, Are More Cases Going to Trial?
The most honest answer is that we do not know.
The publicly available data does not clearly establish that dramatically more cases are reaching trial.
What we do know is that our attorneys are spending more time in court than ever before.
Whether that involves post-decree family law disputes, contested real estate matters, increased motion practice, or longer litigation timelines, many cases appear to require more court involvement before they can be resolved.
For clients, that distinction matters.
The more court involvement a case requires, the more important it becomes to understand the process, set realistic expectations, and develop a strategy early.
Are More Cases Going to Trial? FAQs
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No. Many civil disputes are resolved through settlement, mediation, dismissal, or court rulings before reaching a full trial.
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Not necessarily. Many cases involve multiple court appearances yet resolve before a trial takes place.
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Issues involving parenting time, custody, support, enforcement, or changing circumstances may require additional court involvement after the original case concludes.
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Real estate litigation often involves inspections, expert opinions, document review, depositions, and motion practice before resolution becomes possible.
Conclusion
While publicly available data does not definitively establish that substantially more cases are reaching trial, there are strong indications that many disputes are requiring greater court involvement before they are resolved.
Whether the issue involves a family law matter, a real estate dispute, or another contested legal issue, understanding the litigation process early can help individuals and businesses make informed decisions about their legal options.
If you need guidance regarding a dispute or are considering litigation, contact N.P. Weiss Law to schedule a paid consultation.
About the Author
Nicholas Weiss is the founder and supervising Attorney of N.P. Weiss Law, serving clients across Northeast Ohio in real estate, family law, and estate planning & administration.
Nick is committed to helping property owners, businesses, and families navigate legal challenges with clarity and confidence. Learn more about Nicholas Weiss.
This article and the accompanying video are provided for informational purposes only and are intended as general guidelines. Nothing in this content creates an attorney-client relationship or constitutes legal advice on which you should rely without consulting your own retained attorney. If you have questions about your specific legal situation, please contact a licensed Ohio attorney for personalized guidance.
