When a negligent or reckless party causes an injury, that party can be held liable for damages under Illinois personal injury laws. In most cases, the process of recovering compensation for damages sustained in an accident begins by filing a personal injury claim. The insurance company for the responsible party assigns an adjuster who investigates your claim. The adjuster may offer an amount to settle your claim or deny liability for the claim.
If the insurance provider for the responsible party denies liability, you may need to file a personal injury lawsuit. Even though you hire a Chicago personal injury lawyer to file a lawsuit, your claim may settle before the case goes to trial. In many cases, settling a claim outside of court may be preferable to a trial. For that reason, your attorney may suggest using an alternative dispute resolution (ADR) method to settle your claim.
Understanding Personal Injury Mediation and Arbitration in Chicago
ADR is a method of resolving disputes through negotiation to reach a settlement. The parties agree to retain a neutral third party to facilitate the settlement negotiations. Two of the standard ADR methods used to settle disputes are mediation and arbitration.
Alternative dispute resolution, including mediation and arbitration, can be utilized to resolve a wide range of disputes. ADR is used in cases involving contract disputes, family law, and personal injury cases. Examples of personal injury claims that may use ADR methods include:
- Car Accidents
- Premise Liability Claims, including slip and fall accidents
- Animal Attacks, including dog bites and dog attacks
- Dangerous and Defective Product Claims
- Medical Malpractice
- Nursing Home Abuse Claims
- Burn Injuries
- Wrongful Death Claims
What are the Advantages of Using ADR to Settle a Chicago Personal Injury Claim?
The parties may settle a claim through ADR before or after filing a personal injury lawsuit. Advantages of using mediation or arbitration to resolve your accident claim include:
- ADR is typically less costly than filing a lawsuit and going through a trial.
- You are not guaranteed a result in your favor if you go to trial. A jury decides the case, so you have no control over the final outcome.
- ADR is typically faster than going to trial, which means you could receive your compensation much sooner.
- Mediation and arbitration are confidential. The matters discussed during the meetings and the final outcome is not a matter of public record.
Even though there are several advantages of using ADR to settle your personal injury case, mediation and arbitration are not always the best way to handle an accident claim. Our Chicago personal injury lawyers carefully review your case to determine whether ADR might produce a favorable outcome compared to the risk of taking the case to trial.
Mediation vs. Arbitration: What’s the Difference?
Mediation and arbitration share similarities, but they operate very differently once the process begins.
Mediation focuses on cooperation. A mediator facilitates discussions between the injured party and the insurance company or opposing side. The mediator does not decide the outcome or favor either side. Instead, the goal is to help both parties reach a compromise.
Mediation is best suited for clients who want control over the decision, as no settlement occurs unless both sides agree. It can be especially helpful when parties are willing to talk but need guidance to bridge the gap.
On the other hand, arbitration resembles a private trial. The arbitrator listens to arguments and reviews evidence presented by both parties. In binding arbitration, the arbitrator’s decision is final and enforceable, much like a court ruling. In non-binding arbitration, the decision acts more as guidance and can be rejected. Arbitration may proceed more quickly than a lawsuit, but it can also limit the control clients have over the final outcome.
Key differences to consider:
- Control: Mediation lets both parties decide. Arbitration hands power to the arbitrator.
- Formality: Arbitration is structured but less formal than a court. Mediation is more flexible.
- Outcome: Mediation only works if both parties agree. Arbitration ends with a ruling, which may be binding.
- Cost and time: Both are usually faster and more affordable than trial, but mediation often resolves more quickly.
At Costa Ivone, we explain how each option might impact your claim. Some clients benefit from mediation because it keeps them actively involved. Others may prefer arbitration if they want a neutral party to make a final decision without dragging the case through court.
Contact a Chicago Personal Injury Attorney to Discuss Your Case
Deciding between litigation, mediation, or arbitration depends on the details of your case and your goals for resolution. At Costa Ivone, we guide clients through the decision-making process so they understand how personal injury mediation and arbitration in Chicago may apply to their situation.
If you want to discuss your case in detail, contact us for a free consultation. Our team of personal injury lawyers and workers’ compensation lawyers gives support to accident victims across Illinois.
Contact the Costa Ivone Injury Lawyers by calling (708) 400-0000 or by contacting us online and by email.