Most civil disputes in which a lawsuit is filed (civil litigation) are resolved by compromise and voluntary settlement agreements between the parties—whether the disputes involve divorce, child custody, and child support matters, or contracts and intellectual property (patents, copyrights, and trademarks) claims by businesses. Only a small percentage of lawsuits filed in the United States are resolved by jury trials.
In West Virginia, as in other states, the majority of civil disputes that lead to litigation are typically settled out of court through compromise and voluntary settlement agreements. This trend holds true across various types of civil cases, including family law matters such as divorce, child custody, and child support, as well as business-related disputes involving contracts and intellectual property rights like patents, copyrights, and trademarks. Settlements are often preferred by parties due to the time, expense, and uncertainty associated with jury trials. Consequently, only a small fraction of civil lawsuits filed actually proceed to a jury trial. The West Virginia court system encourages settlement through various means, including mediation and pre-trial conferences, to facilitate resolution of disputes without the need for a full trial.