Most personal injury cases settle out of court because both parties would rather compromise than endure the time and expense of a trial. Mediation and arbitration are two often-confused, common processes used in settlement.
Mediation and arbitration share some characteristics. They are both confidential, unlike a trial. They are overseen by a neutral third party and are entered into voluntarily. They usually take less time and money than a trial and follow fewer rules; this is especially true of mediation.
Mediation is overseen by a “mediator,” who is tasked with facilitating an agreement between the parties. The mediator does not decide cases. If the parties fail to agree on a settlement in mediation, they will likely pursue arbitration or a trial.
Arbitration, in contrast, is overseen by an “arbitrator” or “arbiter,” who is tasked with making a ruling in the case. Upon initiating arbitration, the disputing parties agree to be bound by the arbiter’s ruling. The ruling can rarely be appealed.
At LaGarde Law Firm, we have extensive experience in mediation, arbitration and trials.
- Am I covered under the Jones Act?
- Can I pursue a wrongful death claim regarding my family member’s death?
- Can I receive compensation for a car accident or truck accident injury?
- Can I receive compensation for an oil rig injury?
- Can I receive compensation if I was injured by a product, such as a ladder or a power tool?
- Can I still receive compensation if I am partially responsible for my own injury?
- Do I have a personal injury case?
- Does Texas law require me to wear a motorcycle helmet?
- How much is my case worth?
- How much will it cost to hire a lawyer?
- How should I choose a lawyer?
- If I am injured while on someone else’s property, can I receive compensation?
- What are compensatory damages?
- What Are Mineral Rights?
- What can I do if someone is spreading false information about my business?
- What if I am not sure who is at fault for my injury?
- What if the person at fault for my accident is deceased?
- What is a material breach?
- What Is a Wrongful Death Claim?
- What is repudiation of a contract?
- What is the Death on the High Seas Act?
- What is the difference between mediation and arbitration?
- What Is the Jones Act?
- What makes a trucking accident different from other auto accidents?
- What should I do after an accident or injury?
- What should I do if I am having trouble with a business insurance claim?
- What should I do if I feel that my insurance claim was unfairly denied?
- What should I do if I’m involved in a traffic accident?
- Who can file a wrongful death lawsuit in Louisiana?
- Who can file a wrongful death lawsuit in Texas?
- Will I have to testify in court for my personal injury case?
- Will my case have to go to trial?