To litigate or settle out of court?

Callers often ask Clark if they should settle out of court or wait for a trial judgment in the case of a dispute. Though he isn't a lawyer, Clark believes it's often better to try to make a deal out of court.

Now the Journal of Empirical Legal Studies confirms that belief. About two-thirds of time, you'll get less money going to court than you would by taking a settlement offer.

Going to court involves too many variables. If you're ruled against, you might even be required to pay your legal fees plus the other side's legal fees. So be careful not to let emotions get the best of you.

And what if you're the defendant who's being sued? Should you take it all the way to court? Well, only 15% of the time does that make sense, according to JELS. Rarely does it make sense to go to war -- even as a defendant.

For his part, Clark believes states that require mandatory alternative dispute resolution before trial are on the right track.