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 South Dakota, as in the rest of the United 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 other forms of alternative dispute resolution. These processes are generally encouraged by the courts as they are more cost-effective and time-efficient than a trial. South Dakota's legal framework supports and facilitates the settlement process, and the courts often have programs in place to assist parties in reaching an agreement. While the option for a jury trial is available and is a fundamental right in many civil cases, it is relatively rare for cases to proceed to this stage due to the time, expense, and unpredictability associated with trials.