By: Michael Rose
Personal injury lawsuits are extremely complex and can take months to years to settle. The claimant’s losses are typically in dispute. That necessitates extensive discovery, pre-trial motions, depositions, and additional medical appointments. In many cases, seeking an alternative way to settle a disagreement may be in the claimant’s best interest. Alternative dispute resolutions (ADR) are cheaper, more relaxed, and speedier paths to settlement. In fact, only one in twenty personal injury cases is resolved in a court of law. Most are instead settled through alternative dispute resolutions such as mediation or arbitration.
Arbitrations
If a claimant chooses to pursue arbitration, the entire suit can take as little as six months to reach a conclusion. During arbitration, a neutral party called an arbitrator hears arguments and evidence from opposing parties. There are two types of arbitrations: binding and non-binding. At the end of an arbitration, the arbitrator decides the outcome. If the arbitration is binding, both parties must accept this decision as final. If the arbitration is non-binding, either party may request a trial if they are unsatisfied with the arbitrator’s decision.
Mediations
Mediation is similar to arbitration in that a neutral party—in this case, the mediator—hears both sides of the argument. However, the mediator does not decide the case. Instead, the mediator facilitates communication between the parties to negotiate a settlement outside the courtroom. Mediation is helpful when two parties hope to come to a more diplomatic resolution that does not damage existing relationships. This method is often used when there is a dispute between neighbors, relatives, friends, or business partners, but can also be helpful in other cases.
It is important that a claimant’s attorney recognizes the value of ADR. New York City courts are backed up, meaning that cases take longer to reach trial. In some instances, a trial is the most effective way for a claimant to receive a fair verdict. Sometimes, however, the client’s losses may be simple to calculate. Or the defendant’s neglect may be indisputable. In these situations, it may be in the claimant’s best interest to reach a settlement through alternative dispute resolutions as soon as possible.
Significant Awards are Possible Through Alternative Dispute Resolutions
When ADR is the most effective and fair path to resolution, the personal injury attorneys at Hach & Rose, LLP work with opposing counsel to move toward mediation and arbitration. Significant results can be obtained through mediated settlements. We won a $905,000 award for a client involved in a motor vehicle accident and a $3,475,000 award for an injured worker.
Call Our Personal Injury Attorneys
While focusing on your recovery is important, so too is getting the compensation you need to recover adequately, and filing a claim within the statute of limitations is vital to obtaining this compensation. If you or a loved one has been injured, call the attorneys of Hach & Rose, LLP at (212) 779-0057 for a free consultation.