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In this article, you will discover:
Alternative Dispute Resolution (ADR) is an alternative path to trial, allowing the parties to be heard and allowing for a resolution of pending issues in your case. Frequently, there are more meaningful issues to the parties beyond injuries and property damage. However, in many cases, you don’t realize that until the parties sit down with a neutral third party.
ADR provides the opportunity to vent and feel heard about your issues without the stress, worry or risks of a trial.
In arbitration, the parties agree in advance that an arbitrator will decide who gets what. In most cases, that decision is binding, and there’s usually no appeal process.
In mediation, both parties can agree to participate, or the court can order their participation, but that doesn’t mean the process is binding. If you’re not satisfied with how your case is turning out, don’t feel you’re being heard, or if your case isn’t handled properly, you don’t have to agree to settle it. Instead, you have a right to a jury trial.
In Arkansas, both parties agree to enter a mediation and sit down with a third party who has knowledge of and understands the issues, usually a retired judge or litigating attorney.
The mediator should be someone who’s handled personal injury cases for many years and has litigated in different jurisdictions before various judges. They should have experience handling every aspect of a personal injury case and understand the risk involved in going to a jury trial.
The parties are generally more relaxed in mediation than in a jury trial, where 12 people decide who gets what or how much money is owed. The process is not binding, and you still have your right to a jury trial.
Mediation also provides the opportunity to hear from someone who’s not involved in your case what the issues might be. The mediator might also reinforce or clarify issues that you may have thought were minor or irrelevant.
A skilled, agreed-upon mediator listens to both sides of the case and can often produce results that benefit both parties and lead to a resolution.
Attorney Bradley Mullins is a skilled lawyer based in Springdale, Rogers and Fort Smith, Arkansas, who has helped clients just like you navigate the intricacies of personal injury law. With years of experience, he is prepared to assist and represent you at every stage of the alternative dispute resolution process, helping you avoid trial and resolve issues favorably while saving time and money.
Still have questions? Ready to get started? Contact Mullins & Blake Attorneys today to schedule an initial consultation.
All types of personal injury cases benefit from alternative dispute resolution. Even if you can settle part of the case at mediation, it helps narrow down the issues.
Suppose you have injuries that are so severe that you can’t work. Maybe you’re terrified of testifying, afraid that opposing counsel will be mean to you, or you fear that a jury won’t believe you.
Mediation is a useful forum where you can explain:
The mediator will only share with the other side what they’re authorized to share. Overall, the process empowers you to advocate on your own behalf, rather than relying on jurors to see it your way and, hopefully, award you the compensation you seek.
Resolving your case outside of a jury trial guarantees money. That said, the whole point of a mediation is not to have a landslide win for either party. If you’re looking for a landslide win, you probably want a jury trial.
If you go to a mediation, the mediator will listen to what both parties hope to achieve and see if there’s common ground to work out a resolution that meets in the middle. You’re not going to walk away with everything that you wanted. That’s not how it works.
However, if there’s common ground to gain, you’ll leave mediation with a guaranteed result and probably less costs than a jury trial because your experts don’t appear at mediation.
Your experts must be at trial so the jury can hear from them. However, if you already have your experts lined up and can present what they’ll say at a mediation, that will save you time and ensure a guaranteed outcome.
Suppose you’re hanging on to issues that aren’t essential. If that’s the case, an experienced lawyer can help you determine whether mediation is a helpful option for you.
You need someone with experience to communicate and reiterate to you what juries will do. Often, clients have unrealistic expectations and don’t realize that they’re risking their whole case.
Mediation is a better option for everybody because it usually involves minimal cost, and you have access to other attorneys who have done this before, can tell you the value of your case, and can warn you what you’ll lose if you proceed to trial.
Sometimes, mediation isn’t possible. The mediator determines that the parties are too far apart. As a result, they have to go to trial. However, in any case, it helps to get a realistic idea of whether there’s common ground that will lead to your case being settled.
For more information on alternative dispute resolution in Arkansas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (479) 227-3060 / (479) 412-HURT / (479) 358-1998 today.
Attorney Bradley Mullins is a skilled lawyer based in Springdale, Rogers and Fort Smith, Arkansas, who has helped clients just like you navigate the intricacies of personal injury law. With years of experience, he is prepared to assist and represent you at every stage of the alternative dispute resolution process, helping you avoid trial and resolve issues favorably while saving time and money.
Still have questions? Ready to get started? Contact Mullins & Blake Attorneys today to schedule an initial consultation.
