This article disputes the common claim that 95% of cases settle. It examines statistics and compares data from the Circuit Courts of Hawaii in 2007 and in 1996, analyzing 4000 docket sheets and surveying 500 lawyers. By comparing data the authors found that, although tort cases settle at an 88% rate, most other types of civil cases settle at a rate closer to 50%. The most impactful factor in cases that settled was the presence of telephone negotiations, which were ranked as the most important settlement event in 26% of cases. ADR was also found to have a major impact on cases when it was used. The authors make recommendations according to their findings, and suggest that legal professionals stop stating that 95% of all cases settle.