Settlement or Trial: The Inevitable Question

In every case, there comes a time when the parties must decide whether to settle the case or go to trial. That decision is not an easy one and whichever route is decided can have significant consequences. 

Many factors are involved in deciding to settle or go to trial. First, the client is risking the entire case. Whether the case is civil or criminal in nature, the client could recover nothing or the client could be convicted. Second, what are the strengths and weaknesses of the case? Finally, is the client willing to see the case to trial? These are just a few of the many aspects to a case that must be considered when deciding to go to trial.  

Is Settling Better? 

It appears that settling a civil case is much more beneficial, for both parties, than going to trial. Plaintiffs are likely to receive less money at trial than if they accepted a settlement offer. The study, which was published in the Journal of Empirical Legal Studies, found that plaintiffs made the wrong decision of going to trial more often than defendants. However, when defendants made the wrong decision, it cost them significantly more than plaintiffs.  

Exercising Criminal Trial Rights 

In contrast to civil trials, criminal prosecutions exert stronger pressure to settle cases. Defendants charged with minor crimes while sitting in jail are often faced with taking a plea deal and being released or remaining in jail awaiting a trial. One theory, posed by a woman who experienced the system first-hand, suggests that defendants refuse plea agreements and exercise their trial rights. In doing so, the expected result is that the system would collapse.  

While the circumstances and consequences in criminal proceedings are vastly different than those in civil proceedings, it is clear that deciding whether to settle or go to trial in a criminal case presents a more stressful consideration – the possibility of jail or prison.  

Every Case Requires Its Own Evaluation 

Settling a case or going to trial is an important decision. Lawyers will counsel their clients on the pros and cons and will attempt to aid the client in making the best decision. The experience of the lawyer and his/her ability to act as counselor will go a long way in making the decision easier.  

Given the aspects of trial and some statistics about settling, it is presumable that cases will continue to settle at a high rate. Settling cases is a better way of resolving disputes because it keeps the ultimate decision in the hands of the parties. If it were the other way around, the courts would be more overwhelmed than they already are.