Resolution To Settle Litigation: Fill & Download for Free

The preference for out-of-court settlements isn’t from lawyers; it’s from the courts themselves. Judges push litigants in civil matters hard to arrive at a settlement. Court dockets are massively backed up, and there’s a strong policy to encourage alternative resolutions in order to preserve court resources.The vast majority of civil litigation settles before going to trial.

In most cases, the client is better off with a well-crafted settlement.(1) The parties control the resolution of their own case.Example: Several years ago, a federal judge I know presided over a lawsuit I’ll call AcmeCorp v. BizCorp. The two companies had been at each others’ throats for more than three years. On the morning of the trial, the judge called the CEOs of Acme and Biz into his chambers. He said, “A decision will be made this week that affects the bottom line of both of your companies. Would you rather make that decision yourself or delegate it to a farmer from Defiance, Ohio?”The case settled in twenty minutes.The CEOs realized that they were in a better position to craft an appropriate resolution than a randomly selected group of people who didn’t have business backgrounds would be.(2) Settlement sometimes gives parties the opportunity to craft solutions that would not have been available to them if they had taken the case to trial.Example: Carter and Davis are embroiled in a dispute over two pieces of real estate: Blackacre and Whiteacre. If the case goes to trial, the judge will decide Carter owns Blackacre and Davis owns Whiteacre.The legally ‘correct’ resolution will not leave either party in their preferred position. Carter would actually rather own Whiteacre. And, by an odd coincidence, Davis would actually rather own Blackacre.If the parties settle out of court, they can agree that Carter gets Whiteacre and Davis gets Blackacre.(3) After the parties settle, the case is over.Post-trial appeals and other matters can sometimes cause a case to be dragged on for years. Settlement means the case is over and the parties can return to their normal lives.(4) It saves parties the cost of the trial itself. Litigation is expensive.I sometimes tell my clients that if they insist on fighting tooth and nail over every nit, the only person who will walk away from the case a winner is likely to be me. I can put a kid through a year of college on the attorney fees from a single lawsuit if you insist on being unreasonable enough in your dealings with the other side.(Of course, that’s assuming I don’t get fed up and fire you as a client.)(5) Juries can be unpredictable.Settlement gives the parties certainty and predictability. It minimizes the risk that is inherent in all litigation.

American law applies to all he live here or are visiting here. However if two litigants have a tort dispute and they want to settle it out of a normal law court they can sign a legally binding contract and have the dispute resolved by Shariah law.Orthodox Jews can do torts in Rabinical court under the same circumstance.However criminal cases must be tried in the law courts of the jurisdiction in which the indictment is made.Arbitration and other Alternative Dispute Resolutions are available to all Americans regardless of religion. Sharia law is one method of Arbitration or Dispute Resolution freely available to Muslims in non-criminal issues.What will not be permitted is the imposition of Sharia on unwilling parties. In America that is illegal and totally unwanted.