The short answer is that not all cases go to trial, but they all must be prepared for trial. A firm trial date and a well-prepared case are two of the strongest factors influencing the settlement of the case and determining if a case is settled or tried. That said a case can settle at any time – even during trial.
Sometimes, but rarely, a case will settle before suit is filed, either when the prospective defendant receives notice of a claim or during presuit. Cases can also be settled during formal conferences called mediation in which the parties and their lawyers get together with a mediator who tries to facilitate a resolution. Other times one side just makes an offer or demand that is then accepted by the other side.
Many cases also go to trial.The decision of whether to settle a case belongs to the client.Sometimes no offer is made and the decision is an easy one.If an offer is made the lawyer can offer advice and guidance, but it is the client who makes the ultimate decision of whether the case gets tried.