Dale A. Burrows Family Law Blog on Lawyers.com

Many people are reluctant to start legal proceedings, whether it be a divorce or a civil suit, because they are fearful that their case will end up in court.  In most cases you will have the opportunity to settle before the trial begins.  It is not always wise to accept the settlement but in many cases it is in your best interest. 

To truly understand what is right for you; trial vs. settlement, you must understand the pros and cons to each.
 
Settlement

In most personal injury and family law cases settling outside of court is a viable option that can save time, money and lots of stress.  In the case of a divorce a couple can opt for mediation.  Meaning they settle their case themselves in the presence of a mediator.  Mediation provides an opportunity for positive dispute resolution, taking the win-lose mindset out of the divorce proceedings.   Mediation can be used to settle everything from custody to spousal support and can even be used after a divorce is final, to renegotiate these and other agreements.

Settlement in the case of a civil suit is also a great alternative.  This gives the parties a chance to agree upon a settlement, avoiding costly court fees and additional legal fees.  Often the victim in a civil suit is looking to uncover damages to cover property damages or medical costs for a personal injury.  They are often relieved to avoid the stress of trial and happily accept a settlement. 

Only an experienced attorney can help you determine the level of compensation to which you are entitled.  Always consult a reputable lawyer before beginning mediation or accepting a settlement.

Trial

In divorce cases, when mediation is not an option, the case must be taken before a judge.  This is generally the case when there is evidence of domestic violence or abuse or the divorcing parties have an adversarial relationship.  While trial can be costly it is the only option for some couples.

In the case of a civil suit, trial may be the only option if the defense refuses to settle or the plaintiff and their attorney are not satisfied with the settlement offerings.  While the court room is intimidating for many, your attorney will be there to support you and guide you through the litigation process.