Personal injury matters tend to be personal, emotional and sensitive. When feelings get involved with legal matters it can be challenging to come to agreements. When dealing with conflict it can be draining both emotionally and financially. Using ADR tactics like mediation, arbitration and negotiation can help to resolve matters and reach settlements.
There are a variety of methods employed in ADR efforts. ADR can be informal or formal and can be accomplished with the disputing parties alone or with professional guidance. Because many personal injury cases that arise from motor vehicle accidents are settled out of court, ADR becomes an essential tool. ADR methods are not only a proactive way to avoid litigation, but they can help during and after the litigation process as well.
ADR to avoid court
ADR can be a powerful strategy to avoid a lengthy and expensive court battle when pursuing damages for personal injuries. When disputing parties are willing to sit down and hammer out a win-win solution to their conflict, it is usually advisable to get the court involved. ADR allows conflicting parties to take control of the outcome of their dispute.
ADR during litigation
When an ongoing court case stalls out and parties become entrenched in their position, relying on ADR on the side can help court cases to be resolved privately. ADR opens up channels of direct and indirect communication among disputing parties to resolve their dispute and then bring the agreement to the court to finalize.
ADR after a case is closed
Once agreements are reached, sometimes additional conflicts arise over compensation payments. When situations and dynamics change, instead of going back to court, ADR can help to dispute parties to peacefully resolve their issues.
During personal injury matters, ADR can be a powerful tool that is useful before, during and after possible legal action. Having mediation professionals on your side in facilitating the ADR process can help to ensure that your rights are protected.
