Personal Injury Law

Alternative Dispute Resolution and the Personal Injury Case

By AdamGee

Alternative dispute resolution (or ADR for short) is being increasingly pushed by the judiciary and insurance companies involved in civil litigation.  The Federal courts even have pilot programs where ADR is mandated before a case can proceed to trial.  The question for the personal injury attorney and client is whether ADR is a good thing.

There are three different methods of ADR presently in use in New York.  They are mediation, arbitration and summary jury trials.  Mediation and arbitration are by far the two most common, but summary jury trials are also increasing in frequency.  Mediation is a process by which all parties agree to meet with a mediator.  The mediator does not have authority to determine any issues, but merely tries to foster agreement among the parties and broker a settlement.  The mediator has no interest in the outcome of the case, and acts as a neutral third party who looks at the potential evidence with the clear eye of someone not personally involved in the litigation.  A skilled mediator can help each side to see their potential problem areas, and arrive at a reasonable settlement figure in light of the strengths and weaknesses of their case.  If at the end of the mediation no agreement is reached, the case proceeds to trial.

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Full post as published by New York Injury Law Blog on March 26, 2008 (boomark / email).