It is important to understand the role alternative dispute resolution plays in civil litigation. Personal injury cases typically focus on negligence claims, but other claims are often relevant to a case depending on the facts and circumstances surrounding the incident. Therefore, if you need a personal injury lawyer, you may want to acquaint yourself with the different forms of alternative dispute resolution, including settlement negotiation, mediation, and arbitration.
Settlement Negotiation
Civil litigation is slow and complex. However, the majority of civil lawsuits settle before trial, and only a small percentage of cases go to trial courts. One reason so many cases settle before trial is that judges, attorneys, and other legal professionals are taught to promote the use of alternative dispute resolution.
One primary form of alternative dispute resolution is settlement negotiation. It is extremely important for parties to understand how to participate in settlement negotiations. Typically, attorneys engage in the discovery phase of litigation and then begin discussing possible settlement terms. One party will present a settlement offer, and the other party will propose a counteroffer, and this will continue until both parties agree to a settlement agreement.
Mediation
Mediation is more formal than alternative dispute resolution. It is important for all parties to participate in mediation with the understanding that the mediator does not have the power to bind the parties or to force the parties to reach a settlement agreement. Sometimes the parties do not settle a case at mediation. However, the mediator is generally a retired judge or attorney who has been trained to conduct mediations.
A mediation begins by both parties sending meditation briefs to the mediator. After the mediator reads the briefs, the partiel will then speak one-on-one with the mediator while attempting to discuss settlement negotiations. The parties need to be prepared to discuss the matter for hours and be patient during the course of the mediation.
Arbitration
Arbitration is more formal than mediation, and this is because arbitrators have the authority to make a decision regarding the settlement of the case. It is possible for arbitration to be binding or non-binding. During binding arbitration the arbitrator will make a final decision regarding the case, and it is often necessary for the parties to consider the best settlement terms before the end of the arbitration proceedings.
Judicial Resources and Administrative Efficiency
One of the primary reasons so many legal professionals promote alternative dispute resolution is that judicial resources are limited, and if too many cases are litigated in court then administrative efficiency will suffer. So many cases are ongoing in the American legal system that alternative dispute resolution is one of the best ways for judges and attorneys to have the time they need to devote themselves to complex cases which are likely to bring forth changes in the law.
Contact the Law Office of Jason Javie to Schedule a Free Consultation
If you want to seek financial compensation for your injuries, then you should contact the Law Office of Jason Javie. A skilled personal injury attorney can help you understand how much your case is likely to settle for in the immediate future, and an attorney can also provide you with the guidance you need during mediation and arbitration. We can help you with every aspect of your personal injury case.