Civil cases are typically settled in the shadow of potential trial
Evidence
Although few judges are as active as Judge Weinstein in pushing for settlement, most courts have adopted procedures to promote fact-finding before trial to encourage litigants to settle cases. The negotiations in civil cases occur “in the shadow of the law”; that is, with the understanding that either party can demand a rial if a satisfactory agreement cannot be reached. — G. Alan Tarr, Judicial Process and Judicial…, 2161
Categorization
- XREF: connects to: Resource disparity between parties shapes civil litigation outcomes — G. Alan Tarr, Judicial Process and Judicial…, 2156; Active trial judging extends into negotiating pleas and settlements between parties — G. Alan Tarr, Judicial Process and Judicial…, 568; Case negotiations occur in the shadow of the law set by trial outcomes (+12 more)
Broader Connections
- Civil justice reform uniformly pushes settlement so trials become anomalous exceptions
#corroborates(0.85) — G. Alan Tarr, Judicial Process and Judicial…, 2384 - Most civil cases are decided during the pretrial phase, not at trial
#corroborates(0.80) - Litigated cases are a biased sample, skewing toward hard ones
#expands(0.75) — Frederick Schauer, Thinking Like a Lawyer, 449 - Litigation selects for fringe and hard cases, not representative legal disputes
#expands(0.75) — Frederick Schauer, Thinking Like a Lawyer, 38 - Ninety percent of general-court cases involve settled law or settled application
#corroborates(0.72) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 1302 - Deliberate opaqueness in dispute resolution discourages parties from litigating to judgment.
#corroborates(0.72) — Lisa Bernestein, Opting out of the Legal System, 88 - Litigated cases self-select to those where both sides have plausible legal arguments
#expands(0.70) — Frederick Schauer, Thinking Like a Lawyer, 253