Most civil disputes in which a lawsuit is filed (civil litigation) are resolved by compromise and voluntary settlement agreements between the parties—whether the disputes involve divorce, child custody, and child support matters, or contracts and intellectual property (patents, copyrights, and trademarks) claims by businesses. Only a small percentage of lawsuits filed in the United States are resolved by jury trials.
In Massachusetts, as in other states, the majority of civil disputes that lead to litigation are typically resolved through settlements rather than going to trial. This includes a wide range of legal issues such as divorce, child custody, child support, contract disputes, and intellectual property claims. Settlements are often reached through negotiation, mediation, or arbitration, which can be less costly and time-consuming than a trial. The courts in Massachusetts generally encourage parties to settle their disputes out of court, and various dispute resolution programs are available to assist in this process. While the option for a jury trial is available in many civil cases, it is relatively rare for cases to proceed to this stage due to the time, expense, and uncertainty associated with trials.