If you have been involved in a Nevada accident—no matter what type—you will likely hear many legal words including ‘mediation’ and ‘arbitration.’ An experienced Las Vegas personal injury lawyer will advise you on how these alternative dispute resolutions (ADR) may help in obtaining a favorable settlement in your dispute. Mediation and arbitration are two types of ADR methods that have become more and more popular in recent years. In some lawsuits, attending mediation or arbitration is required before a case will proceed with trial. As a result of the popularity of ADR, below is some basic information you should know if you are involved in a Las Vegas personal injury lawsuit.
Understanding Alternative Dispute Resolution (ADR)
Both mediation and arbitration are similar in the sense that they are alternatives to a trial in court; indeed, they can altogether avoid trial if a resolution is reached. In each ADR method, a neutral third-party is selected to oversee the proceedings. In mediation, the third party is referred to as a mediator and assists the parties in coming to a resolution based on agreed-upon terms. In arbitration, the third party is referred to as an arbitrator and he or she makes a decision—similar to how a judge does—on how the case will be resolved.
Benefits of Using ADR for Conflicts
There are several advantages of engaging in ADR for a personal injury lawsuit. If the parties are unable to come to a resolution, none of the details of discussions during mediation and arbitration will not be used in a later lawsuit. This is because all parties to mediation and arbitration are required to maintain confidentiality regarding the case. ADR is also less expensive than going to trial. Trial often involves the hiring of experts and the deposition of witnesses who may be located in other states. Likewise, ADR typically obtains a result more quickly than trial because of the backlog of cases in the nation’s court system. Finally, ADR can remove a level of stress and uncertainty for the parties because they can determine how to resolve the case instead of leaving it in the hands of a judge and/or jury.
Mediation or Arbitration?
Mediation is informal and uses a single mediator who is employed by both parties. The mediator tries to get the parties to find common ground and settle the dispute, based on mutually agreed-upon settlement terms. Mediation is generally non-binding and the neutral mediator acts as a facilitator.
Arbitration, on the other hand, can involve multiple third parties. Each side chooses an arbitrator and then those arbitrators choose a third one. Arbitration is typically a more formal and binding form of ADR. In arbitration, the findings of the neutral party determines the case resolution and can be binding or non-binding.
At the end of both mediation and arbitration, an agreement will be drawn up regarding the resolution of the case and all parties involved will sign the document.
Hire a Las Vegas Attorney
If you have questions about alternative dispute resolution (ADR) or have been hurt in a Las Vegas accident, contact the Matt Pfau Law Group today. We can explain your rights and obligations under Nevada law.
