Once the discovery phase of the case is completed, a judge will order a pretrial conference. Both attorneys are asked to appear to discuss the case and the possibility of settlement. Some judges make active attempts to settle cases at these conferences. If the conference is successful and the case is settled, the parties will prepare a written stipulation that describes the terms of the settlement. Typically the judge will review and approve all settlements before they are implemented.
Most civil actions take up to five years to be tried.
By accepting a fair settlement early on, you have use of the money, which can be invested to earn more money. You may eliminate large legal fees, court costs, and the possibility of eventually losing the case after a trial. However, if you have a good case, it may pay to wait before discussing and accepting a settlement. Most trial attorneys believe that large settlements are obtained for their clients by waiting until the case reaches the courthouse steps. The decision on whether to accept a settlement should always be made jointly with your attorney, who knows the merits, pitfalls, and true value of the case better than you.