A trial is an expensive, time-consuming tool to use in a search for justice and is especially stressful for a plaintiff who may have been severely injured and in the midst of extensive medical treatment.
That is why many litigators rely on other strategies and methods to avoid a trial when feasible. A common option, of course, is to negotiate an out-of-court settlement which provides justice at an agreed upon level without undergoing the rigors of a trial. Dispute Resolution legal services in Jaipur
While some attorneys are better than others at negotiating an out-of-court settlement, the process is unscientific, unpredictable, and at times unprofessional. Furthermore an out-of-court settlement can being a high risk endeavour putting both sides at the mercy of an emotional process often determined by outside forces meeting in high-powered, closed door sessions developing strategies to spring a trap on the unsuspecting plaintiff who only wants justice - not high-noon drama.
Increasingly, the shortfalls of settlement bargaining are being overcome by relying upon Alternative Dispute Resolution (ADR), a growing trend for commerce and government as well as for the legal system.
Alternative Dispute Resolution involves the use of procedures for settling disputes by means other than litigation. ADR commonly involves the use of arbitration, mediation or mini-trials. These procedures are less costly and more expeditious than litigation and are increasingly being used in commercial and labour disputes, divorce actions, in resolving motor vehicle and medical malpractice tort claims, and for other disputes that would otherwise likely end up in a trial. Dispute Resolution Law Firm in Jaipur
The most common procedures are arbitration and mediation. For this reason, I will not linger long on either method. Briefly, mediation or conciliation provides a forum in which parties can resolve their disputes with the help of a neutral third party. Mediation depends upon the commitment of the disputants to solve their own problems. The mediator never imposes a decision but keeps both parties talking until an agreement is reached.
Arbitration involves use of a neutral third party who, after hearing the evidence and arguments, imposes a binding decision that is enforceable by the courts. The disputing parties agree ahead of time to live by the arbitrator's decision and both parties ahead of time agree upon who will be the arbitrator. Often one or both parties are unhappy with the results but the matter will be resolved. Top Dispute Resolution Lawyers in Jaipur
A more interesting and less-known ADR procedure is the mini-trial which allows each party to present its case as in a regular trial except that the case is not tried by a judge but is "tried" by the parties themselves in an abbreviated manner. This process is often used for complex questions of mixed law and fact such as product liability, massive construction, and anti-trust cases.
In a mini-trial lawyers and experts present a condensed version of the case to top management of both parties. Often a neutral adviser sits with management and conducts the hearing. After the presentations, top management attempt to reach an agreement. If they cannot, they will ask for the neutral adviser's best guess on what will be the expected outcome and after hearing the best guess will resume negotiations. By providing a look on how an outsider views at the dispute, a mini-trial often sets the stage for a settlement.
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