Settlement is a favorite of the law,4 and courts encourage it as a social good which may even outweigh other important policy considerations.5 Reasons for this favoritism include a desire to avoid the time-consuming uncertainty and cost of litigation,6 settlement's contributions to the efficient use of the court system,7 and a general wish for peaceful resolution of controversies.
Charles J. McPheeters,
Leading Horses to Water: May Courts Which Have the Power to Order Attendance at Mediation Also Require Good-Faith Negotiation - Decker v. Lindsay,
1992 J. Disp. Resol.
Available at: https://scholarship.law.missouri.edu/jdr/vol1992/iss2/6