You, the client, make the final determination as to whether you will accept an out of court settlement or whether you will proceed to trial to have a judge or a jury decide your case. Generally, most cases settle out of court. However, we will take your case to trial if we agree that it is in your best interest to do so. The court mandates that the parties attempt to settle the case before trial through a process known as mediation. In a mediation, an impartial third party, often a retired attorney or judge will preside over a confidential settlement conference and will assist the parties in attempting to settle the case out of court. Mediations are highly successful which is why they have become a part of the litigation process.