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Mediation
Can a trial be avoided?
You’ve been in an accident and can't decide whether or not you should file a lawsuit. At Teal Montgomery and Henderson, we tell you how to avoid a trial by considering alternative dispute resolution for your accident injury. A trial can be lengthy, expensive, and interfere with your everyday life.
Settlements
In cases where there is an intention to follow the traditional court process, a dispute can often be settled after a lawsuit is filed. A settlement can occur before the trial begins, or even during the trial. Usually the reason for a settlement is that the defendant(s) want to avoid high litigation costs. Other reasons for settlement include the sometimes unpleasant nature of litigation. In the process of discovery, considerable personal and financial information must be released. The harmful impact on public reputation can also be a contributing factor on the decision to pursue a settlement. Since the terms of settlements often include not non-disclosure to the public, many times a practice cannot divulge the details of a settlement.
Alternative Dispute Resolution (ADR)
Alternative Dispute Resolution is defined as “a procedure for settling a dispute outside the courtroom. Most forms of ADR are not binding on the plaintiff or defendant, and involve referral of the case to a neutral party such as an arbitrator or mediator” (from www.uscourts.gov). ADR is increasingly being used in resolving vehicle accidents, medical malpractice claims and other disputes which usually would involve court litigation. This term includes a wide range of types of alternatives to full-blown litigation. Alternative dispute resolution can also be used in conjunction with litigation where both parties want to explore other options, but free to return to the court process. Mediation and arbitration are both ADR methods.
Mediation
Meditation is where a neutral third party helps the two parties involved resolve their own dispute. They do not impose a decision on the parties but facilitate talking and helping through some different points of contention.
Arbitration options
Arbitration is one step above mediation in that a neutral third party is there to listen to both parties’ arguments and then imposes a final binding decision that is enforced by the Sacramento courts. The big difference with arbitration with the traditional court process is that there is no effective appeal process.
At Teal Montgomery & Henderson, we provide all forms of alternative dispute resolutions to our Sacramento clients. Call us at 866-878-5267 or email us anytime.
