Learn why California courts encourage pre-lawsuit settlement efforts, mediation, and meet-and-confer discussions before a civil case is filed. Serving San Bernardino County and Riverside County.

In California, civil disputes are often resolved more efficiently when the parties make a real effort to settle the matter before a lawsuit is filed. California courts explain that most civil disputes are resolved without filing a lawsuit, and most civil lawsuits are resolved without a trial. The state’s ADR program also notes that alternative dispute resolution is usually less formal, less expensive, and less time-consuming than trial.

That matters because once a lawsuit is filed, both sides begin spending time, money, and energy on pleadings, discovery, motions, hearings, and trial preparation. California’s 2025 Court Statistics Report shows that the state’s courts handled more than 4.8 million cases in fiscal year 2023–24, which reflects just how heavy the court system’s workload is.

Why courts favor settlement before filing

California court rules and statutes repeatedly encourage parties to resolve disputes early. For example, the California Rules of Court require parties to meet and confer before the initial case management conference, including to consider resolving disputes and anticipated motions.

The court rules also allow mandatory settlement conferences, and they require trial counsel, the parties, and anyone with full settlement authority to attend in person unless excused for good cause.

California also has a strong policy favoring settlement enforcement. Code of Civil Procedure section 664.6 allows a court to retain jurisdiction to enforce a settlement agreement when the parties resolve a case. And section 998 allows a party to make a formal offer to compromise, which can shift costs and encourage settlement rather than trial. 

What a plaintiff should do before filing a lawsuit

Before filing a civil case, a plaintiff should take practical steps to show good faith and reduce the chance that the matter becomes unnecessarily expensive:

1. Send a written demand letter. State the facts, the harm, and the exact resolution requested.
2. Attach supporting documents. Include contracts, invoices, photos, messages, estimates, or other evidence.
3. Give a reasonable deadline to respond. A short but fair time frame often opens the door to discussion.
4. Offer to meet and confer. California courts expect parties to try to resolve disputes by discussion where possible.
5. Consider mediation or settlement conferences. California’s ADR system is built around these tools, and the state judiciary says ADR is often less formal, less expensive, and less time-consuming than trial.
6. Use a settlement offer carefully. A CCP §998 offer can create real settlement pressure and may affect cost recovery if the case does not resolve.
7. Keep the tone professional. Judges and mediators respond better to clear facts and realistic proposals than to emotional accusations. 

What the statistics show about settlement and ADR

California’s Judicial Council has studied ADR programs for years. Its civil ADR report found that voluntary programs often resolved disputes at higher rates than mandatory ones. The report cites examples including a California Civil Action Mediation Program where mediators reported full resolution in 35% of cases and litigants reported resolution in 55% of cases, and voluntary California programs where reported resolution rates were much higher, including 73% in San Mateo Superior Court and 79.6% full resolution in Santa Clara Superior Court.

The same report also notes that an overall Los Angeles County dispute-resolution program resolved 9,669 disputes with an overall resolution rate of approximately 91%.

These numbers show why many courts prefer settlement-oriented processes. When parties try to resolve a matter early, they often avoid the delays, uncertainty, and expense that come with litigation.

San Bernardino County and Riverside County civil dispute resolution

For clients in San Bernardino County and Riverside County, pre-lawsuit settlement efforts can be especially valuable because civil cases can move quickly into motion practice and discovery once filed. If the dispute can be resolved through a demand letter, mediation, or settlement conference, the parties can save substantial time and money while keeping more control over the outcome. California’s judicial policy and ADR framework support that approach.  

Final thought

Filing a lawsuit should usually be the last step, not the first. A well-documented settlement effort can protect your position, lower costs, and sometimes resolve the dispute without ever stepping into a courtroom. In California, the courts provide several tools to encourage exactly that result. 

Disclaimer: Khan Paralegal and Notary is not an attorney and does not provide legal advice. This blog is for general informational purposes only. If you need legal advice about a civil dispute, lawsuit, demand letter, mediation, or settlement in San Bernardino County or Riverside County, consult a licensed California attorney.

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