Which approach is favored by laws and courts when dealing with litigation?

The favored approach by laws and courts when dealing with litigation is settlement by negotiation. This preference stems from the understanding that litigation can be lengthy, costly, and resource-intensive for all parties involved. Courts encourage parties to resolve their disputes amicably through negotiation and settlement because it often leads to a more efficient use of judicial resources and allows parties to reach mutually agreeable terms without the uncertainties of a trial.

Negotiated settlements can provide more control over the outcome for both parties and can foster better relationships compared to the adversarial nature of court proceedings. It also allows for customized solutions that may not be available through a court ruling, where judges are limited to applying legal standards and precedents.

Choosing alternatives such as immediate court hearings or full jury trials for all cases can lead to significant delays and expenses, which is why they are not favored approaches. Complete dismissal of litigation fails to address the underlying issues that led to the dispute in the first place, removing any opportunity for resolution. Overall, promoting settlement by negotiation reflects an emphasis on efficiency, cost-effectiveness, and cooperation in the legal process.