Can personal injury claims be mediated or arbitrated instead of being resolved in court?
Yes. Mediation is a nonbinding attempt by a mediator to assist the parties in reaching an agreement to settle the case. Arbitration is more like an informal trial where an arbitrator makes a binding decision for the parties. Arbitration is not very common in personal injury cases. Mediation is more common and usually a voluntary option exercised by the parties in an attempt to settle the case. Whether or not mediation is recommended depends on the case and will always be discussed with the client before a commitment to mediation is made.
