Is Alternative Dispute Resolution Okay in Personal Injury Lawsuits?

There’s more than one way to settle an argument. When it comes to legal battles, people sometimes file lawsuits to end their disagreements. It’s becoming more common to use a technique called alternative dispute resolution to settle such arguments rather than going to trial.

What is alternative dispute resolution?

Generally, alternative dispute resolution includes several ways for people to resolve legal disagreements:

Mediation. During mediation, an impartial person (the mediator) meets with the parties who are in disagreement. The mediator helps the parties reach an agreement but does not make a legally binding decision.

Arbitration. This method is more formal than a mediation, but typically less formal than a trial. The parties present their testimony and evidence, then the arbitrator or arbitrators make a decision. The arbitrator’s decision usually is legally binding.

People also may use collaborative law and pre-trial settlement conferences to resolve disputes.

What is a personal injury lawsuit?

A person may be harmed by someone else who is legally responsible. The person who suffered the injury may have a claim against the responsible party. If so, the injured person may have to file a personal injury lawsuit to get the compensation they deserve.

Are there common methods for resolving personal injury lawsuits?

Yes. The opposing parties may negotiate a settlement on their own. In fact, one party’s lawyer may send a demand letter to the other party that gets the process started. If negotiation doesn’t work, the lawsuit may:

  • Head to the courtroom for a trial. These can be costly, frustrating, and time consuming. Cases may be heard by a judge and jury or just a judge. The outcome is completely out of your control, once you have presented your evidence and testimony.

OR

  • Schedule a mediation or arbitration. These types of alternative dispute resolution have become popular for settling legal disagreements. They tend to be less expensive and less disruptive to the parties.

If you have been injured, you may have a personal injury claim

And the one way to settle your claim is through alternative dispute resolution.

With over 20 years’ experience, Osvaldo Rodriguez has the skills to handle your case from start to finish. To schedule your free initial consultation, or just ask a question, call us at 708-716-3441 or fill out the form on the Contact Us page.

Mr. Rodriguez is fluent in both Spanish and English.

We represent clients throughout the state of Illinois, including Cook, DuPage, Will, and Kane Counties.

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