Alternative Dispute Resolution in Personal Injury Law: Mediation and Arbitration
Key Takeaways:
- Alternative dispute resolution is a way to resolve a legal claim without going through the courts.
- The most common types of ADR are arbitration and mediation.
- Arbitration and mediation are often faster, less expensive, and more private than going through a civil lawsuit.
Personal injury law refers to claims to compensate you for injuries caused by someone else’s negligence. Everything from car accidents to premises liability falls under personal injury law. Compensation can include medical expenses, lost wages, and pain and suffering.
There are several ways you can receive compensation for your injuries. You can take legal action by filing a civil lawsuit. This can lead to a trial where a jury decides who was at fault and how much you should recover. More often, parties seek resolution through alternative dispute resolution or ADR.
If someone else’s negligence caused your injuries, contact a personal injury attorney immediately. They will be in the best position to assess your case, offer legal advice, and help you get the compensation you deserve.
What Is Alternative Dispute Resolution?
Alternative dispute resolution (ADR) is a way to resolve personal injury lawsuits without going to court. Typical forms of ADR are arbitration and mediation. Courts encourage ADR as it helps to alleviate courthouse congestion. Courts may require some personal injury lawsuits to try mediation before they get a court date.
There are two main types of alternative dispute resolution methods to resolve legal disputes:
Mediation
Mediation is when the two parties meet with a mediator to resolve the dispute. Some mediations are mandatory, and some are voluntary. The mediator is typically an experienced attorney or retired judge.
The mediator is neutral and does not pick sides or express any opinions about who is wrong or right. Instead, they foster discussion to help the parties come to an agreement. The mediator might identify strengths or weaknesses in each party’s case to help them reach a resolution.
Settlements are usually confidential, meaning your case and settlement details are kept private. The rules of evidence generally prohibit settlement discussions from being used at trial. This allows for more honest discussion between the parties.
One of the best things about mediation is that both parties have a say in the outcome. The mediator can’t order you or the other party to accept a settlement offer. They just help you both find common ground.
Arbitration
Arbitration is a simpler version of a trial. Some contracts demand that personal injury claims go through arbitration. Both sides tell the neutral arbitrator their sides of the story. But regular court rules don’t apply.
Parties can call witnesses, make opening and closing arguments, and present evidence. The arbitrator decides the outcome like a judge or jury would. In most cases, what the arbitrator decides is final and binding.
Arbitration is more structured than mediation. However, arbitration still provides more flexibility and informality than a court trial. In arbitration, you’ll present your case, provide evidence, and may have witnesses. Arbitration is usually quicker than a trial and private, so no one knows the details of your injury.
ADR is usually cheaper, quicker, and less stressful than going to court. It’s also usually kept private so the details of your injury and personal life do not become public. Defendants like this because they do not have to disclose the settlement amount. You may also like ADR instead of facing an unpredictable jury.
How Do Settlements Work in a Personal Injury Lawsuit?
The goal of ADR is to settle. A settlement is an agreement between you and the other party about how you will resolve the dispute. It usually involves the party responsible for your injury giving you money for your losses. In turn, you will usually give up your legal claim to sue them for anything related to the incident.
In mediation, the settlement terms are what you and the other party agree upon with the mediator’s help. It’s flexible and can include various forms of compensation. In arbitration, the settlement is the decision of the arbitrator. This is often a monetary award based on the evidence presented.
Can a Personal Injury Attorney Help With Alternative Dispute Resolution?
Using ADR can help you through the settlement process without going through the courts. An experienced accident lawyer is familiar with all forms of alternative dispute resolution. Your lawyer can help you choose the best resolution process for your needs. If you were injured in an accident, contact an experienced personal injury lawyer right away. They will be able to assess your case and determine the best course of action based on your priorities and the facts of your case.
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