It is a truism that most civil cases are settled. A number of studies have put the aggregate settlement rate at 95%, although that seems unduly high, as such other forms of nontrial disposition (dismissals, voluntary discontinuances) may not be accounted for. According to the 2023 Annual Report of the Chief Administrator, 33,632 out of 165,101 civil cases in New York State Supreme Court, or 20%, were disposed by settlement. Only 1,322 verdicts were reported, representing less than 1% of the total dispositions.

Aggregate settlement rates tell only a portion of the story. Tort cases generally have high settlement rates, perhaps because the parameters of compensation for discrete injuries are well known. Contract cases also settle at a high rate, which may be attributable to the parties' ability to evaluate both the responsibility for breach and the recoverable damages. Employment discrimination and constitutional tort cases may be more difficult to settle.