There are various ways to resolve your personal injury lawsuit, whether it was an injury in a car accident or a slip and fall at a local mall. The typical process is to have a personal injury attorney file a lawsuit, but that is not the only option. Even though most people are familiar with the legal system, injury victims do have other options for resolving conflicts.
The term alternative dispute resolution (ADR) refers to the different methods of resolving conflicts outside of court. Arbitration, neutral evaluation, and mediation are examples of common ADR procedures. Compared to traditional court proceedings, these procedures are typically more private, informal, and stress-free.
Choosing ADR will usually speed up the process, reaching out resolution sooner and reducing legal costs.
When you retain a personal injury attorney, they will make you aware of your options and suggest the best course of action for your specific circumstances. If you need legal help, reach out to us at Brandon J. Broderick, Attorney at Law for help.
Alternative Dispute Resolution Explained
Many factors contribute to the fact that many personal injury cases are settled outside of court before going to trial. Most cases are never actually heard in court for the sake of time and financial reasons. Alternative Dispute Resolution (ADR) is a catch-all phrase that refers to a variety of methods for settling disputes amicably and outside of court. In the event of a motor vehicle accident, the disagreement typically centers on these two issues:
- Who is at fault for the accident?
- What is the value of your damages?
ADR is a speedy and effective substitute for going through the court system. Some ADR cases involving accident injuries begin as court proceedings and are eventually settled outside of court before going to trial. Others never even file lawsuits with the courts.
Mediation and arbitration are two of the most popular ADR methods used to settle personal injury cases.
Different Types Of ADR Options
Arbitration: In this process, a neutral party known as an "arbitrator" listens to each side's arguments and supporting evidence before making a decision. Compared to a trial, arbitration is less formal, and the rules of evidence are frequently eased. In a binding arbitration, the parties consent to the arbitrator's ruling being considered final, and an appeals process is typically not available. If the parties to nonbinding arbitration disagree with the arbitrator's ruling, they may ask for a trial.
Mediation: Through mediation, a third party known as a "mediator" assists the parties in their efforts to come to a mutually agreeable resolution of the conflict. Instead of making a decision, the mediator facilitates communication between the parties so that they can try to resolve the conflict on their own. When family members, neighbors, or business partners are involved, mediation may be especially helpful. If one side has a sizable advantage in power or control over the other, mediation might not be the best course of action.
Neutral Evaluation: In an effort to encourage settlement, a neutral party with subject-matter expertise hears brief arguments, analyzes the advantages and disadvantages of each side's case, and provides an assessment of the possible outcomes of the case. With the parties' permission, the neutral assessor may also offer case planning advice and settlement aid.
The Benefits of Arbitration Or Mediation
You can save both money and time by using mediation or arbitration instead of traditional court actions. ADR typically results in a victim of a car accident receiving compensation more quickly than through traditional courtroom action.
ADR saves both parties the time and expense of a battle in court. As a result, the costs and expenses of using ADR to resolve your issue are generally substantially lower than those of using litigation.
There are risks associated with these processes, however. Understanding how mediation and arbitration work and how they specifically pertain to personal injury cases is important. Therefore, you should seek legal advice from a qualified personal injury attorney before agreeing to arbitrate or mediate your case.
After Being Hurt, Contact Brandon J. Broderick For Assistance
If you're trying to settle an injury claim but are not sure what to do, give our lawyers a call immediately to discuss the case. Is arbitration the best option? We can assist you in determining your options for the highest possible settlement.
Our lawyers have years of experience working with injury victims and have won thousands of cases in their favor. We have locations in New Jersey, New York, Pennsylvania, Connecticut and Massachusetts.
Call us today to go over the specifics of your case.