This question is difficult to answer in terms of a general response. Lawsuits can last for a substantial period of time. We generally anticipate at least a year between the time of the filing of suit and the time of trial. In addition, trials can be followed by appeals, which can extend the period during which a matter is in the court system for well beyond the time of trial.

In general, the answer to this question is no. Court systems in the United States follow what has become known as the American rule. Under this rule, each party pays their own legal fees and expenses. Exceptions to this rule exist in matters of divorce and in circumstances where the parties have agreed in a contract concerning the payment of legal fees and expenses if a lawsuit develops between the parties.

Yes. Settlement without trial always is a possibility. In recent times, many courts are incorporating a mediation requirement into their pretrial orders, and more and more parties are using mediation as a means to resolve their disputes, whether or not mediation is a requirement. Mediation is a process pursuant to which the parties select a neutral person to act as a mediator with respect to a particular lawsuit.

In general, the parties submit confidential position statements to the mediator, following which the parties, along with their attorneys, convene with the mediator for a mediation session. In that session, the mediator will meet with each party separately in an effort to forge a settlement. The mediation process is confidential, and cannot be used in any way at trial, if the mediation is not successful.