Instead of going to trial with the judge and jury for your personal injury case (or other lawsuit), there are two other methods that may be beneficial.
The first method is “binding arbitration.” Each party agrees to an arbitrator and presents their case in a more informal manner versus a formal trial (which is governed by many evidentiary rules and procedures). The rules of arbitration are often more relaxed.
The rules of the arbitration can be set out in advance by an agreement signed by all parties. You can also agree to the maximum amount of compensation to be received by and the least amount of compensation. This is sometimes called a “High-Low” or “Mini-Max.” Some people are more willing to engage in arbitration knowing their full exposure (the worst that could happen). A hired judge listens to the case and makes a decision that is binding upon all the parties. Essentially, both sides have hired a private judge to hear that matter and avoid the traditional trial system.
Another alternative is mediation. Again, both sides agree on a neutral third-party who serves as a mediator between the sides. If you have children, you’ve probably served as a mediator without knowing it! The mediator may put all the parties in the same room, but more often than not, they will separate the parties into two separate locations and the mediator begins shuttle diplomacy – going back and forth from one room to another, trying to negotiate a settlement to the case. For a mediation to be successful, both sides have to be willing to bend! An intractable party is not going to be helpful in the mediation setting. Therefore, not all cases are well suited for mediation. However, in many cases, mediation is a good idea because you have some control over the outcome of the case rather than submitting your matter to 12 strangers in a jury box.
The courts have become very fond of arbitration and mediation. In fact, parties to most lawsuits are ordered to participate in some kind of alternative dispute resolution prior to going to a trial. Trials are expensive and time-consuming. The courts are backed up with many cases, and they don’t have enough judges or time to hear the matters as quickly as they would like. It’s also very expensive for the parties to engage in trial. Oftentimes, mediation and arbitration are very good alternatives to resolving your case. Make sure to discuss these options with your attorney.
Visit my websites www.ValenciaLawyer.com and www.MansourLaw.com for more information or call 661-414-7100.