When I was at 26th & California, every day was “let’s make a deal.” When indicted for murder or armed robbery or whatever, defense counsel would always talk big at the outset – before discovery was complete (“we’re ready for trial“). But as time wore on, it was customary for counsel to ask “what can we do” – to resolve the case. And we’d go into the judge’s chambers to talk settlement. As a State’s Attorney – no one could “reduce” a crime (to one less serious) without the express consent of the Chief of the Criminal Division. And we would talk with victims or victim’s families to get them on board. So most criminal cases were “plea bargained” – before going to trial. Whereas an offer of 5 to 15 years might be offered for a plea of guilty – after a guilty verdict at trial, that number could go up. Dramatically.
In the civil arena, statistically around 90% of cases settle before going to trial. Why? You ask. Because no matter how strong you think your case is, if you go to trial – there is a 100% chance that someone is going to lose. And that “someone” could be you. Plaintiff’s lawyers – who don’t thrive on integrity – often sue – in order to settle. They only care about the money.
To me, there is a lesson here for families, communities, nations and our world. The settlement of differences is preferable to going to the mattresses. And risking everything. Settlement – the resolution of differences – can be like drinking a warm Pepsi Cola on a hot day. Not always satisfying. But it does the job. . . . .