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The vast majority of civil cases (many estimates say around 97 percent) will never go to trial but will be resolved in some other manner, usually by a settlement agreement.

The foregoing answer is correct. Many or most jurisdictions require that the parties attend mediation prior to trial. This is a process by which an independent third part, who may be an attorney or a retired judge intervenes to try to facilitate a settlement. Typically, the mediator points out the strengths and weaknesses of the parties respective cases (while meeting them alone) and tries to get them to understand that going to trial is a "roll of the dice". In contrast, if the case is resolved in mediation, the parties have far more control of the outcome.

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