a settlement just short circuits the process. Without a settlement, it goes to court and, depending on the jurisdiction and case details, decided by a judge or a jury, and again depending on the jurisdiction and case details, penalties are decided by a judge or a jury.
Really it's pretty similar to criminal court with the exception that neither party will have a criminal charge or criminal judgement against them at the end of it. No one will go to jail.
Really it's pretty similar to criminal court with the exception that neither party will have a criminal charge or criminal judgement against them at the end of it. No one will go to jail.