Final answer:
Civil procedures that encourage settlement include the use of alternative dispute resolution methods like mediation, and the settlement conferences prior to trial. Negotiation helps avoid high costs, the unpredictability of jury decisions, and the disclosure of sensitive information during public trials. Furthermore, the lower standard of proof, 'preponderance of the evidence', encourages settlements as it offers a more reachable threshold for success for plaintiffs.
Step-by-step explanation:
Procedures That Encourage Settlement in Civil Cases
Our legal system includes certain procedures that encourage parties in civil cases to consider settlement over proceeding to trial. One example is the use of mediation or arbitration as a form of alternative dispute resolution (ADR), which provides a more private and less formal venue where parties can resolve their differences with the help of a neutral third party without the need for a court trial. The second example is the concept of plea bargaining in the civil context, known as negotiation. Here, both parties may agree to settle the case in order to avoid the risk, expense, and time associated with a jury trial. The high costs of litigation, along with the risk of an unpredictable jury decision, often make settlement a more attractive option. Moreover, the legal system’s emphasis on a pre-trial resolution can come via mandatory settlement conferences, which serve to bring both parties together with a goal to settle before reaching the court. The pressure to settle is also increased due to the public nature of trials, where sensitive information could be disclosed, and the fact that lengthy trials can impose a significant financial and emotional burden on the parties involved. The preponderance of the evidence standard in civil cases, which is a lower threshold than 'beyond a reasonable doubt' in criminal cases, also shapes parties’ decisions to settle, as this standard requires that a claim simply be more likely than not to be true, potentially increasing the plaintiff's chances of a favorable outcome.