Why Cases Settle and Why That's a Good Thing

By: Frank H. Bailey, Founder/Senior Partner

When many people think of the legal process they picture courtroom scenes from movies but for the vast majority of individuals involved in a case they will never have to experience a minute of a trial. This is because a large amount of cases settle before they ever reach the trial stage. A settlement is the term for a formal resolution of a legal dispute without the matter being decided by a court judgment. While many people are unaware of this term it can provide great benefits.

You cannot escape the expenses of a trial whether you are in Pulaski, Benton or any other county in Arkansas. There are attorney’s fees, expert witnesses, depositions, travel, time and a whole lot of other expenses. Settling a case cannot get you out of every expense involved in a legal dispute but it can help you escape a significant amount of them.

Not only can settling save you money, it also saves you from experiencing the stress involved in going to trial. You do not have to deal with the stress of an unknown result when you settle. Maybe you get nervous at the thought of testifying in court, or just simply nervous from having to appear in front of a judge. Settling can help you avoid these types of stress inducers.

Perhaps one of the biggest advantages to settling a case is the privacy that comes with it. Arkansas is a small state, and news can travel fast between Fayetteville and Little Rock. When you take a case to trial, those documents become public records available for anyone to read. When you settle a case, most details are kept out of the court documents. It is also normal for there to be confidentiality clauses in settlement agreements. So not only does settling prevent the stress of appearing in court, it also saves you from having to discuss the matter when you would just rather get it over with and move on.

The unpredictability of a trial can be a real problem, especially if it is in front of a jury. You can never quite predict a jury’s reaction with certainty. Settling a case is done with negotiation between the parties, meaning you get to dictate the terms of the agreement.

Because of the importance of making a settlement agreement that reflects what you want, it becomes even more critical to hire an attorney you trust and have faith in. Bailey & Oliver Law Firm has years of experiencing litigating complex cases and solving them with settlement agreements. Our office is located just West of Exit 81 on I-49 in Rogers, Arkansas.  Give us a call at 479-202-5200.

If you live in Rogers, Bentonville, Springdale, Lowell, Bella Vista, Centerton, Decatur, Highfill, Cave Springs, Gravette, Pea Ridge, Fayetteville, Huntsville, Berryville, Eureka Springs or any other city in Arkansas, we can help.