What Are Reasonable Expectations For Settlement After Trucking Accident?

Any agreement that might have paved the way for settlement could have come as the result of either negotiations or some method for alternate dispute resolution (ADR).

What are the primary characteristics of an ADR?

• It can take place before or during a period of litigation.
• It is cheaper and faster than facing the opponent in court.
• During an ADR, both parties have an opportunity to share a frank statement.

What different processes can lead to resolution, and come under the heading of ADR?

The process called arbitration: This provides both parties with a chance to present their case to an impartial arbitrator. The best arbitrators have knowledge of or experience in the subject of the dispute. Each arbitration process starts with one party filing a claim.

The person that has filed the claim gets designated as a claimant. Each claimant has a dispute with an opposing party. During arbitration, that opposing party is called a respondent. The claimant and respondent must decide together on their choice of arbitrator. The arbitrator makes a binding ruling, at completion of the proceedings that are part of that particular ADR process.

Arbitration approaches settlement of disputes in much the same way as a trial. Both lawyers present their case, get to question witnesses and present evidence. A recorder is in the room with the claimant and respondent, but there is no jury. Trucking companies tend to prefer to rely on the decision of an arbitrator, as opposed to the neutral party in the other form of ADR.

A second process is called mediation. This has both parties sharing their arguments with a neutral mediator. Unlike an arbitrator, the mediator does not make any binding ruling. The mediator strives to have the 2 disputing parties reach some type of agreement, as per personal injury lawyer in Scarborough.

The mediator listens to the views of each party, and tries to get those on each side of a given issue to appreciate the argument that has been made by the other side. Experienced mediators often manage to encourage creation of an agreement or compromise. Still, neither party is legally bound to withhold the terms of any agreement or compromise, once it has been formed through utilization of the mediation process.

What are the principal features of an out-of-court settlement?

When the two disputing parties have taken part in an ADR and have agreed to settle, the plaintiff loses his or her right to a fair trial. The public has no knowledge of the defendant’s actions. Following settlement, the plaintiff has no right to pursue further claims for the same accident. Furthermore, unlike litigation, the losing party, whether it is the plaintiff or the defendant, has no right to seek an appeal.

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