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Awards and Settlements
Alternative Dispute Resolution
As anyone with even a passing knowledge of the legal system knows, going to trial is time consuming, expensive, and risky. This holds true for both sides in the dispute. Consequently, alternative dispute resolution, or ADR, has become an increasingly popular and effective means for the parties to a lawsuit to attempt to resolve their grievances. ADR typically takes the form of either an arbitration or mediation hearing. The arbitration hearing, in my experience with San Diego personal injury cases, is used far less than mediation.
In an arbitration hearing each side presents their case, often in short hand form (to save money) to an independent hearing officer (the arbitrator), who will render a decision. Consequently, there is a winner and a loser. If the arbitration is "non-binding" then either side may choose to reject the award and continue on towards trial. If the arbitration is "binding" then both sides must live with the result.
The mediation hearing, used far more often for San Diego personal injury cases, entails both sides appearing before an impartial hearing officer (a mediator) who will attempt to resolve the case. Typically both sides will meet with the mediator at the mediator's office. Each side, personal injury lawyers and their clients, will be put in separate offices. The mediator will shuttle back and forth conveying offers and counter offers, as well as advising each side on the strengths and weaknesses of their respective personal injury case and the appropriateness of the offers and counter offers based upon the actual facts of the case.
Mediation has proven to be extremely effective in resolving personal injury cases, at least here in San Diego. Mediation saves time, money, and gives each side a certain and definitive result. Often this proves to be a more attractive solution to the parties than the time, expense, and uncertain outcome of a trial.
Obviously mediation is not suitable in all cases. Other times the parties are simply too far apart in terms of the facts, issues, and amount in dispute to make mediation a worthwhile undertaking for a personal injury case. My own experience is that mediation is almost always worth doing. It's "worth a try" to get the case settled. Even if the case does not settle one often learns valuable information about the facts and contentions as the other side sees them. To the personal injury victim I would suggest discussing alternative dispute resolution with your personal injury lawyer to see if this can be an effective tool in helping to resolve your particular case.
In an arbitration hearing each side presents their case, often in short hand form (to save money) to an independent hearing officer (the arbitrator), who will render a decision. Consequently, there is a winner and a loser. If the arbitration is "non-binding" then either side may choose to reject the award and continue on towards trial. If the arbitration is "binding" then both sides must live with the result.
The mediation hearing, used far more often for San Diego personal injury cases, entails both sides appearing before an impartial hearing officer (a mediator) who will attempt to resolve the case. Typically both sides will meet with the mediator at the mediator's office. Each side, personal injury lawyers and their clients, will be put in separate offices. The mediator will shuttle back and forth conveying offers and counter offers, as well as advising each side on the strengths and weaknesses of their respective personal injury case and the appropriateness of the offers and counter offers based upon the actual facts of the case.
Mediation has proven to be extremely effective in resolving personal injury cases, at least here in San Diego. Mediation saves time, money, and gives each side a certain and definitive result. Often this proves to be a more attractive solution to the parties than the time, expense, and uncertain outcome of a trial.
Obviously mediation is not suitable in all cases. Other times the parties are simply too far apart in terms of the facts, issues, and amount in dispute to make mediation a worthwhile undertaking for a personal injury case. My own experience is that mediation is almost always worth doing. It's "worth a try" to get the case settled. Even if the case does not settle one often learns valuable information about the facts and contentions as the other side sees them. To the personal injury victim I would suggest discussing alternative dispute resolution with your personal injury lawyer to see if this can be an effective tool in helping to resolve your particular case.
