If you have been involved in an accident with injuries, you hope that the process of getting compensation for damages goes smoothly. That said, insurance companies oftentimes fight tooth and nail to limit their liability and your payout, so the process can get complex in a hurry, especially if you’re finding it hard to see eye to eye with the other side. You could take your case before a judge, but anything can happen in court, so is that really your best option?
In some cases, you may be able to find a suitable end to your case through a process known as alternative dispute resolution (ADR). In today’s blog, we take a closer look at ADR and some of the benefits it offers over a traditional injury hearing.
Why ADR Can Be Perfect For Your Case
For a number of reasons, it’s ideal to resolve a matter out of court instead of spending more time and money on a case to have it decided by a judge. But if you can’t reach a fair resolution by working directly with the other party’s insurance company, you may be wondering what your options are. That’s where alternative dispute resolution comes in. ADR is designed to help both sides come to a satisfactory conclusion before taking the matter to court. Two main forms of ADR are mediation and arbitration.
Mediation – Mediation is the most common form of alternative dispute resolution that is pursued. During mediation, a hired individual with a background in injury law will act as a neutral mediator. Oftentimes both parties will meet in separate rooms or the same building, and the mediator will bounce back and forth, listening to their arguments and their hopes for a healthy resolution. They will then try to get both parties to make small concessions in order to reach an agreeable solution based on the information they’ve received about the cases and each party’s goals. Many people find it easier to negotiate with a third party than directly with the other side, which is just one of the reasons why mediation can help you find an agreeable solution.
Arbitration – Arbitration is another ADR technique that offers a more binding solution than the mediation process. With this technique, the parties agree on a neutral arbitrator or panel of arbitrators to oversee the process. Because the arbitrator will have a background and expertise in the specific field of injury law, the process is much more streamlined than taking the case before a jury of peers. Both sides make their case to the arbitrator, and they can issue a binding ruling or an evaluative ruling to aid in the settlement process. For example, if the two sides are far apart on compensation, and the arbitrator rules that one side has a more compelling argument, it may make it easier for the other side to be willing to come down or come up in settlement talks.
We touched on some of the benefits in the descriptions above, but many people find that ADR is a preferred method than going to court because it tends to be:
- Gives both parties more control over the outcome
- Allows for more room for compromise
- Less stressful than going to court
At Margolis Law Firm, we settle a number of our cases through alternative dispute resolution methods, and we’re confident that we can put our expertise to use for you. If you need help securing a fair resolution to your injury case, or you just want to make sure that you aren’t being taken advantage of by the other side, reach out to Dean and the team at Margolis Law Firm today at (952) 230-2700.