Why Judges Encourage Settlement in Unlawful Detainer Cases

Unlawful detainer (eviction) cases are among the most stressful and high-stakes legal disputes for both landlords and tenants. Judges routinely encourage settlement in these matters—and for good reason. As one judge aptly put it, “litigation is like getting naked in front of a room of strangers.” This analogy captures the deeply personal, public, and unpredictable nature of a court trial, especially in eviction cases.

Here’s why judges, especially in unlawful detainer cases, consistently urge parties to settle:

1. Settlement Saves Time and Money

• Trials are costly and time-consuming for all parties involved. Legal fees, court costs, and lost work hours add up quickly. By settling early, parties can avoid these expenses and resolve their dispute much faster.

• Courts themselves benefit from settlements, as they reduce crowded dockets and free up judicial resources for other cases.

2. Settlement Offers More Control and Predictability

• In court, your fate is decided by a judge or a jury—strangers who know nothing about you except what they hear during a brief trial. This loss of control can be unsettling and the outcome is never guaranteed.

• Settlement allows both sides to negotiate terms that work for them, rather than leaving the decision in the hands of others.

3. Reduces Stress and Preserves Dignity

• Litigation is emotionally draining. Parties must publicly air grievances and personal details, which can be uncomfortable and damaging to reputations.

• Settlement discussions are private and can be structured to protect confidentiality, reducing the emotional toll and potential harm to both parties.

4. Minimizes Risk and Uncertainty

• Trials are inherently risky. Even a party with a strong case can lose due to unpredictable testimony, evidence, or jury perceptions.

• Settlements eliminate the risk of an adverse judgment, which can include being ordered to pay the other side’s legal costs.

5. Often Results in Better Outcomes for Everyone

• Judges frequently observe that settlements leave both sides more satisfied than court-imposed decisions. Settlements can include creative solutions and terms that courts cannot order.

• For tenants, settlement can mean avoiding a judgment on their record and protecting their credit. For landlords, it can mean faster possession and reduced legal costs.

6. Encouraged by Court Policy and Practice

• Many courts have formal policies requiring or strongly encouraging at least one settlement opportunity before trial. This includes mandatory settlement conferences and mediation programs, often with the assistance of trained mediators or temporary judges.

• These processes are designed to help parties reach fair, efficient, and less stressful resolutions.

  
  
  
  

“A settlement will almost always make everyone happier than a decision by the court.” — As echoed by judges and experienced attorneys alike, this wisdom reflects the practical and human realities of eviction litigation.