Initializing a settlement is common in civil cases where an agreement is composed to discontinue the civil litigation from advancing through the court system. This understanding is called a settlement.
When a settlement takes place during civil litigation, the defendant is consenting to some of the allegations made by the plaintiff and is elect not to continue through the process of litigation in court.
In the event a settlement does occur, more often than not, the defendant will be obliged to give the plaintiff with financial retribution as a result of the compromise of the legal liability for an action that has caused the plaintiff to experience a loss.
Why do settlements happen?
There are many reasons why parties might choose to settle their case rather than continue with litigation. Some of these reasons include:
- The elevated cost of a litigation that is prolonged, like lawyer fees and expert testimony.
- The duration of civil litigation.
- The negative impact that litigation can have on the reputation of the parties involved, especially in cases of sexual harassment.
- The process of a discovery, which consists of allowing parties to obtain information from one another, could be embarrassing or infringe on privacy.
- The need for monetary compensation to be made sooner, such as for medical treatment.
- The defendant may wish to settle for a certain amount rather than leaving the chance for the court to determine it.
Settlements often occur even before a lawsuit has been filed, in order to reduce the amount of money spent on fees and services to rectify the problem. If not made before the case is filed, they often occur in the earlier stages of a case. Litigation suits that are more complicated, like class action suits with multiple defendants, will require the approval of the court before the settlement can be allowed to proceed.
What does the civil litigation settlement process consist of?
The process of resolving a civil litigation case through settlement rather than through trial is known as Alternative Dispute Resolution (ADR). In ADR, the parties to a lawsuit work together with a neutral third party to come to an agreement that resolves the dispute without the need for a trial. The most common type of ADR is mediation, in which the parties work with a mediator to facilitate communication and negotiate a resolution. Other types of ADR include arbitration and collaboration.