Who Decides Whether to Settle or Go To Trial?

Video Script Below

I’m Steve Kramer. I’m a Florida lawyer, and today’s topic is who decides whether to settle or to go to trial in your case. This is a question that a lot of people are going to have to deal with because one way or another, your case is going to get resolved. Once you filed suit, whether it’s a divorce, a personal injury case, you know, a foreclosure – whatever it is, you know – you have to make a decision. Do you settle or do you proceed to trial? And there’s a lot of factors you’ve got to consider. And the bottom line is if you have an actual settlement offer and you and your attorneys engage in settlement negotiations, then you may have a decision to make there whether you want to accept that settlement or not. If you’re in many types of litigation - like family law, like personal injury, like most cases – you will wind up getting sent to mediation at some point. And mediation is again where you get to sit down with the other side, you sit with your attorney and they sit with their attorney and you have a mediator there that tries to work out an agreement between you. They don’t make any decisions, you know, you make the decisions. You have control of your destiny, you decide if you want to enter into a mediated settlement. But it’s your decision. And you might be at that crossroads where you’re going to have to make a decision. And lastly, in order to evaluate settlement offers, in order to evaluate what you do at mediation, you want to understand what your risks are at trial and what your potential rewards are at trial because you want to make an education decision, and you want to make the right decision. And that’s why it’s important to have an attorney you can trust and count on, and you have a good discussion about what is the right decision for you. But ultimately, you make the decisions on how you’re going to handle your case and whether you’re going to accept a settlement. I’m telling you this because a lot of people are confused about, you know, how the trial process works, how settlements work, how mediation works, and I deal with this stuff all the time. And if you’ve got questions about this or anything else, give me a call. I’m glad to talk to you any time. I appreciate you watching. Thanks. I’m Steve Kramer.

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