Negotiation, Mediation, and Arbitration

Everyone has heard of litigation, or trial.

You might even expect to litigate your personal injury case at trial in a courtroom full of people (or just a few stragglers) and a stern looking judge. Your lawyer will get the chance to be an advocate for your case, and justice will be handed down.

Although this is what many personal injury plaintiffs expect, this is not always what happens. These days, litigation often takes a backseat to alternative dispute resolution processes, which include the following:

  • Negotiation

  • Mediation

  • Arbitration

The former two are common in personal injury law, but the third remains somewhat of a mystery. Let’s take a look at what happens when your lawyer and you decide to negotiate or mediate your personal injury case.

Negotiating Your Personal Injury Case

Negotiating your personal injury case usually begins from the moment you notify the defendant that a lawsuit has been filed against them, if not before. Negotiating your personal injury case can bring it to a faster, sweeter end, but only if both sides focus on interests.

Mediating Your Personal Injury case

Mediating your personal injury case can come about later, either by a command from the judge or the will of the parties. Mediating your personal injury case can also bring its end, but only if the mediation is binding.

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