In many personal injury cases, an injured person like you may be scared to go to trial. But there are alternative dispute resolutions, and your attorney can help guide you to the best one for your case.
Mediation
Mediation is the event where a trained mediator listens to both sides of evidence, with both parties present, and then helps the two parties reach a mutually agreeable solutions. Mediators in personal injury cases are usually attorneys who can use their legal expertise to offer compromises to help settle out of court.
Mediation is not available for criminal cases, but is very common for family law, personal injury, property disputes, and business disputes, etc. While the mediator acts as referee, and can offer suggestions, their role is not to make a decision. In fact, the final outcome must be agreed upon by the parties involved and both still have the option to go trial afterward if they feel it is necessary.
Arbitration
Arbitration is much more formal than mediation, more like a court trial. The parties present their evidence to the arbitrator who then makes a decision. Before the arbitration meets, the parties can agree (or not) to abide by the decision made. Arbitrators are usually retired judges or lawyers who have worked in the field for a long time and are highly experienced.
Both sides only agree on whether the arbitrator's decision is binding - once they do this, the arbitrator makes the final decision (unlike mediation). But sometimes, when they do not agree that the decision is binding, they are just using the arbitrator's decision as a prerequisite to trial, i.e. to try and get an idea how a jury at trial would rule.
Both mediation and arbitration can be great alternatives to trial. They cost less money for everyone, they mean less prep time (court trials require hours of preparing evidence, witnesses, and arguments), and they are much less stressful for all.
If you hare filing a claim, please remember to speak with your attorney about these alternatives if you think a trial may be too overwhelming for you. Do not give up your claim because you are afraid of trial. And if you live in Oregon and need a personal injury lawyer who understands alternative dispute resolutions (but isn't afraid to go to trial if necessary), call us.
