Will My Case Go to Trial?
- 2 hours ago
- 2 min read
One of the first questions many clients ask is, "Will my case go to trial?" The short answer is: probably not.
While television and movies often portray lawsuits ending in dramatic courtroom trials, the reality is that most employment cases are resolved long before a judge, jury, or arbitrator ever hears the case. Trials are expensive, time-consuming, and unpredictable for both sides. Even strong cases carry risk. For that reason, most parties continue discussing settlement throughout the litigation process. It is not uncommon for a case to settle shortly before trial or even after trial preparations have begun.
Typically we see cases follow one of three directions.
1. Settlement without mediation
We prepare a demand letter outlining the facts, legal claims, and damages for all cases and the employer and its attorneys then have an opportunity to respond. We’ve found that about 30 to 40 percent of the time, this leads to a series of settlement discussions that result in an agreement without the need for a lawsuit or formal mediation. This can be the fastest and least expensive path to resolution, however these types of negations can also take time.
2. Settlement through mediation
If the parties cannot reach an agreement on their own, mediation is often the next step. We find mediation to be a productive path to get to settlement and we resolve the vast majority of cases that go to mediation. Mediation is a confidential settlement process, usually happening over the course of a day, led by a neutral third party, usually a retired judge or experienced attorney. The mediator helps both sides evaluate the strengths and weaknesses of the case and explore whether a settlement is possible. Many employment cases settle at mediation because it gives both sides an opportunity to resolve the dispute while avoiding the cost, risk, and uncertainty of continued litigation.
3. Litigation
When settlement efforts are unsuccessful, a lawsuit may be filed and the case enters litigation. Litigation can involve written discovery, document production, depositions, motions, expert witnesses, and other legal procedures. This stage often takes months or even years to complete. We find that about 15 percent of our cases begin the litigation process. However, filing a lawsuit does not mean the case will actually make it to a trial. In fact, many cases settle during litigation after additional evidence is exchanged and the parties have a clearer understanding of the strengths and weaknesses of the case.
At Stockwell Law Firm, our goal is to achieve the best possible outcome for our clients. Sometimes that means negotiating an early settlement. Sometimes it means participating in mediation. And sometimes it means filing a lawsuit and preparing the case for trial. No two cases are exactly alike, but understanding the process can help reduce uncertainty and allow you to make informed decisions about your case.
