Understanding Alternative Dispute Resolution in Personal Injury In New Jersey

You can take a personal injury claim to court. Or, alternatively, you can use alternative dispute resolution methods that save time, money, and energy.

Understanding the basic facts about alternative dispute resolution and speaking with an experienced New Jersey personal injury lawyer can help you obtain the settlement you deserve.

What Is Alternative Dispute Resolution?

Alternative dispute resolution — or “ADR,” for short — refers to the methods you can use to resolve personal injury disputes without the need for litigation.

If you are in a car accident and would like to obtain compensation for that car accident, then you can use the court system to do so. But you could also pursue ADR and, in doing so, bypass the judicial proceedings the court relies on.

The example outlined above pertains to most any personal injury case you may be dealing with.

Even though the court is not directly involved in ADR, there are still legal rules that must be followed. These rules can help you obtain the compensation you are entitled to in a way that may be easier than traditional methods.

Why Is Alternative Dispute Resolution Useful?

Alternative dispute resolution can offer many advantages. Some of the most notable advantages are as follows:

1. You may be able to save time by using ADR and bypassing traditional litigation.
2. You may be able to reduce the stress the personal injury claim process creates by using ADR.
3. You may be able to save money by using ADR and bypassing traditional litigation.
4. You may be able to keep your case private by using ADR, as ADR isn’t always public, unlike court records.
5. You can gain more control over the personal injury process by using ADR, rather than being at the mercy of the court.

Keep in mind that ADR can be stressful, too. But it will give you more control over the process, which can make things easier.

To decide whether alternative dispute resolution is right for your New Jersey personal injury case, speak with a qualified attorney about your situation and options.

How Is Alternative Dispute Resolution Handled?

Method 1: Mediation

Meditation is a collaborative alternative dispute resolution method that involves three people:

1. You
2. The person you are seeking compensation from
3. A mediator

Other people can be involved — such as your attorney. But the three people outlined above are the only individuals needed.

If you go through mediation, you will meet with a mediator. And, by meeting with this mediator, you can discuss the case and, in turn, what you’re seeking from the person responsible for your injury.

The person responsible for your injury will also be meeting with this mediator. By doing so, they can share their side of the story and, in turn, what they believe is the right course of action.

The end result of successful mediation is typically a settlement both of you agree upon. On the other hand, though, if mediation is unsuccessful, then litigation may follow. 

Method 2: Arbitration

The Arbitration is when a neutral arbiter — or, in some cases, a panel — conducts a hearing. And, during this arbitration hearing, you and the person responsible for your injury will share your claims regarding the injury.

To share your claims regarding the injury, you will likely need to provide:

1. Documentation that supports your claims
2. Evidence that backs up the key facts of your case
3. Arguments that justify your claims

Right after you both share your version of the events that led to your injury, the neutral arbiter overseeing these claims will make a decision. If this decision is binding, then your case will come to an end.

On the other hand, though, if you choose to go for non-binding arbitration, then the decision made by the arbiter may not be final. This means that you can appeal it, if you choose to do so.

Method 3: Settlement Conferences

Settlement conferences are conferences that take place between you and the person responsible for your injury.

You come to a settlement with your lawyer and an insurance adjuster. And the person responsible for your injury will probably bring their lawyer, as well as their insurance adjuster.

During a settlement conference, both sides can speak to one another. This can make it easier for both of you to agree on a reasonable settlement.

Outside of bringing a lawyer and insurance adjuster, you or your attorney will bring evidence or documentation that supports your claims. Doing so is meant to help you obtain the settlement you are entitled to.

Contact a New Jersey Personal Injury Lawyer Right Now

If you’d like to get the compensation you’re owed for your injury but would like to avoid a potentially long and painful litigation process, then alternative dispute resolution may be the right choice.

Contact a New Jersey personal injury lawyer at Rosengard Law Group to discuss your options and the best bath forward.

We’re ready to go over the facts of your case and your goals, hear your story, and help you determine which alternative dispute resolution method is most appropriate.