Settlement vs. Trial in Utah: Which Path Is Right for Your Case?

At Daniel W. McKay and Associates, PLLC, our experienced attorneys serve clients across Utah, including Salt Lake County, Utah County, and surrounding areas. Whether you need a trusted family law attorney or a skilled civil litigation lawyer in Utah, we’re here to help you make confident, informed choices.

What Does It Mean to Settle a Case in Utah?

A settlement means both sides reach an agreement outside of court. In Utah, this can happen through negotiation, attorney-assisted resolution, or mediation—which is required in many types of family law disputes.

Utah law strongly encourages resolution outside of court. For example, Utah Code § 30-3-39 requires mediation in most contested divorce and custody cases.

Benefits of Settling in Utah

• Faster Resolution: Utah courts, including those in Salt Lake and Utah counties, can experience delays. Settlement can help avoid long waits for a trial.
• Cost-Effective: Settling usually involves fewer legal fees and avoids the cost of trial preparation and expert witnesses.
• Greater Control: You help shape the outcome, rather than leaving the decision to a judge or jury.
• Privacy: Settlements are confidential, unlike trials which become part of the public record.

What Happens if You Go to Trial in Utah?

When a resolution can’t be reached, your case may go to trial. In Utah, this means a formal proceeding where a judge—or in some civil matters, a jury—decides the outcome.

Benefits of Trial

• Definitive Decision: Trial can result in a clear, enforceable ruling.
• Legal Validation: For business disputes or civil claims, trial may be necessary to establish accountability or legal precedent.
• No Compromise: You can pursue your full legal rights without needing to accept less than what you believe is fair.

But going to trial also means higher costs, longer timelines, and more stress—especially in complex cases.

Choosing Between Settlement and Trial in Utah

Some key factors to consider when deciding between settling and going to trial:

• What does Utah law say about your case?
• Is mediation required, as in most Utah family law cases?
• Are you in Salt Lake County, Utah County, or a rural jurisdiction with different court availability?
• How important are speed, cost, and privacy to you?
• What is your attorney’s assessment of your chances in court?

Work With Experienced Civil Litigation and Family Law Attorneys Serving Utah

At Daniel W. McKay and Associates, PLLC, we proudly represent individuals and families across Salt Lake County, Utah County, and the surrounding areas and counties. Whether you’re navigating a divorce, custody dispute, or civil lawsuit, we offer personalized, strategic legal counsel focused on your goals—whether that means reaching a fair settlement or preparing for trial.

With deep experience in Utah courts and a strong commitment to client outcomes, we help you make the choice that’s right for you.