When you're badly injured, the last thing you want to think about is filling out paperwork, searching for an attorney, or trying to gather evidence. Yet, these steps are necessary if you want to collect the compensation you deserve due to someone else's negligence. The more you know about personal injury cases and hiring an attorney, the less stressful this time will be.
We've created this website to offer basic personal injury law advice for anyone who has been injured or who may become injured in the future. Keep in mind that if you've been injured in a car accident, due to medical neglect, or even by slipping in someone else's parking lot, your case qualifies a personal injury case — and thus you'll find our collection of articles relevant.
When facing a dispute, it's natural for many people to consider a lawsuit the default option. But other alternatives can usually help you reach your desired outcome without the time, cost, and stress associated with litigation.
Here is an overview of common alternatives to litigation that your lawyer might recommend.
Negotiation
Alternative dispute resolution (ADR) is an effective way to settle matters of dispute or litigation without going through the traditional court system. Negotiations are one form of ADR, and in many situations, they can be a preferred option for both parties.
When it comes to negotiations, the parties involved come together to find a mutually beneficial resolution. This could mean that they agree on a payment plan, work out an agreement on future expectations, or come up with some other form of compromise.
The idea is that each party's interests are taken into account to come up with a fair outcome that works for both sides. A lawyer can help guide these negotiations and ensure all necessary legal paperwork is handled properly.
Due to the flexibility of negotiations, both parties have control over the process and can work together to come up with a resolution that works for them. This approach can be especially beneficial for those in sensitive situations where a court trial would risk further damaging the relationship.
For instance, two business partners who are parting ways may find that negotiating a settlement is the best way to move on without the risk of a long, drawn-out legal battle that could put the business at risk.
Arbitration
Arbitration is a form of alternative dispute resolution (ADR) often used as an alternative to litigation. In arbitration, the parties involved select an independent third-party known as an arbitrator or umpire to hear both sides of the dispute and make a final and binding decision. The process is similar to a court trial but much less formal, creating an opportunity for speedy resolution.
Arbitration can be beneficial in certain disputes, such as those between employers and employees. It allows the parties involved to maintain their privacy since proceedings are confidential and not public like they would be in court.
It also limits discovery costs, allows flexibility with scheduling, and creates more control over the outcome since the decision remains within the hands of the chosen arbitrator or panel.
When deciding whether arbitration may be a suitable option, consider the type of case being discussed. Some cases will require a jury trial to meet legal requirements.
However, in other cases, arbitration can provide a suitable solution that allows closure while providing some cost savings compared to litigation. In these cases, lawyers can help advise on whether arbitration should be recommended before moving forward with any action.
For more information, contact a local law firm.