Should You Agree to Arbitration or Mediation to Settle a Personal Injury Claim?

Most personal injury claims are settled without filing a personal injury lawsuit. However, intense negotiations are often required to settle an accident claim. In some cases, the other party may suggest using mediation or arbitration to settle a personal injury claim. Our Indianapolis personal injury attorneys evaluate an accident claim carefully to determine whether it is in the best interest of the client to settle a claim or whether it is better to file a lawsuit and proceed to trial.

What Types of Cases Can Be Settled Through Mediation or Arbitration?

Any dispute can be settled with the assistance of a mediator or arbitrator. Alternative dispute resolution (ADR) is used to settle disputed claims without the necessity of a judge or jury. ADR is used in cases involving family law, contract disputes, personal injuries, and medical malpractice. Examples of cases in which mediation or arbitration may be used to settle the claim include:

  • Car Accidents
  • Slip and Falls
  • Defective Product Injuries
  • Truck Accidents
  • Bicycle Accidents
  • Dog Bites
  • Pedestrian Accidents
  • Medical Malpractice
  • ATV Accidents
  • Motorcycle Accidents

If you have a dispute related to a personal injury claim, using arbitration or mediation to settle your claim may be to your advantage. In most cases, ADR saves time and money, in addition to allowing parties to tailor the process to their needs. Parties can offer evidence, testimony, and expert testimony to support their claims even though they are not in a courtroom.

How is Mediation Used in a Personal Injury Case?

A mediator is a neutral third person who assists the parties in discussing settlement options. The mediator does not make a decision for the parties, but simply facilities discussions between the parties. Mediators may suggest certain topics of discussions. In some cases, the parties may meet with the mediator together. However, some mediators go between the parties to work out a settlement.

How is Arbitration Used to Settle a Personal Injury Claim?

An arbitrator acts as judge and jury during an arbitration proceeding. The parties present their evidence to the arbitrator who then issues a ruling. In many cases, arbitration is binding on all parties. If parties agree to binding arbitration, the parties are bound to the arbitrator’s decision. The parties typically do not have any other legal recourse if they disagree with the arbitrator’s ruling. However, parties can agree to non-binding arbitration so that they can proceed with a lawsuit if they do not like the arbitrator’s ruling.

An arbitrator should use the same rules and laws to decide a case. However, the rules of evidence are not the same during an arbitration. Therefore, an arbitrator may hear evidence that would not be allowed in court. The flexibility of arbitration and mediation are sometimes preferred to the strict court rules that apply during a trial.

Call an Indianapolis Personal injury Lawyer for More Information

Before you agree to mediation or arbitration to settle your personal injury claim, you need to consult with an experienced Indianapolis personal injury lawyer. Call Poynter & Bucheri at 1-800-265-9881 or (317) 780-8000 to request your free consultation with an Indianapolis personal injury lawyer.