Sometimes legal services extend far beyond the court of law. Settling cases using alternative means of dispute resolution is something Stern Law, PLLC regularly engages in. Alternative dispute resolution, (ADR) is an integral part of the services we offer, and at each stage of the resolution process we work closely with you to understand your goals. We attempt to meet – and exceed – those objectives and focus on your rights and needs, so that you have an opportunity to enjoy the best possible outcome.
We provide a network of legal resources to uphold your best interests. To learn more about dispute resolution and other out-of-court procedures, please call Stern Law, PLLC at (800) 462-5772 today.
What is dispute resolution?
There are various processes that can be used to resolve a legal case inside or outside a court of law. Dispute resolution is a term used to describe resolution outside of the courts. This method is used to bring about fair and equitable resolutions in various types of cases, including those involving medical malpractice disputes.
Different types of ADR offer options for clients to seek legal compensation while saving time, reducing stress, protecting privacy, and sometimes ensuring a more predictable outcome.
The decision to enter into a dispute resolution process will depend upon many factors, not the least of which is the specifics of the situation. No two cases are the same and, therefore, resolving a case using an alternative dispute resolution method involves a unique and customized approach.
Why use dispute resolution?
In addition to being less expensive and faster than litigation, the parties may be afforded greater participation in ADR process. This may give the client an opportunity for increased influence because the rules of dispute resolution are sometimes more relaxed than those in a court of law. Other possible advantages of alternative dispute resolution include:
- Faster resolution process;
- Less adversarial;
- Cost-effective for attorneys and clients;
- Confidential outcome;
- Settlement monies can be used for a child’s heath, welfare and education;
- Settlements are final and not subject to an appeal process.
For any number of reasons, individuals on both sides of a legal dispute may find it advantageous to resolve a legal claim through a negotiated settlement prior to a verdict being awarded. Settlement talks can occur at any point during the litigation process.
For clients, the litigation process can be emotionally draining. It’s common for the litigation process to take many years, and in the end, the outcome has no guarantee. One party may recognize that the opposition has a strong case and that settlement would, therefore, be appropriate. When this occurs, settlement may bring about a fair, and speedy resolution.
When you agree to consider settlement, Stern Law, PLLC works with you to fully assess the case and determine the most advantageous terms for any settlement.
Assessments for settlement generally include:
- Determining the probability of a successful verdict;
- Estimating case gestation-the time it will take to fully litigate the case;
- Evaluating the verdicts and settlements of other similar cases in the same court or geographic region;
- Weighing the difficulties in proving the case and the costs associated with that effort;
- Evaluating the strengths and weaknesses in the evidence – your’s and the opponent’s;
- Weighing the admissibility of potentially damaging or helpful pieces of evidence;
- Ascertaining the defendant’s monetary resources, collectability and insurance coverage;
- Considering the skill, prowess and integrity of the defendant’s legal team;
- Uncovering the potential for unfavorable publicity or media scrutiny;
Prospective terms for settlement also take into consideration your preferences in:
- The kind of resolution you are trying to attain;
- The expectation for compensation as well as the minimum amount of compensation you are willing to accept;
- The limitations on the terms and conditions you are willing to concede to settle the case;
- The level of privacy or confidentiality you are trying to maintain;
- The motivations to pursue, defend and settle the claim;
- The ability to financially stand your ground during trial and/or negotiations.
Preparation and discovery are the cornerstones to obtaining a favorable outcome via trial or settlement. In order to be legally binding, the settlement involving your child must generally be approved in court. The judge can deny approval until he or she believes the agreement is legally appropriate and in the best interest of your child. When a settlement is reached, you, the plaintiff, generally agree to relinquish your right to pursue further legal action against the defendant in return for the terms specified in the settlement agreement – usually some form of financial compensation.
Stern Law, PLLC strongly recommends that any attempt to reach a settlement agreement through ADR be made with the guidance of skilled attorneys who have experience in protecting a child’s best interests while utilizing their knowledge of the legal system and experience in obtaining successful outcomes. Our birth injury law firm has the knowledge and skill to fully represent your interests.
For a free consultation, please call (800) 462-5772 today.