Could you explain the advantages and disadvantages of pursuing alternative dispute resolution (ADR) methods, such as mediation or arbitration, in personal injury cases compared to going to trial? There are many advantages to alternative dispute resolution for clients. ADR is a more relaxed process with less stress and expense to clients than a jury trial. The client has more power through ADR than at trial. Through ADR, you often only have to convince a single arbitrator of your case as opposed to convincing at least six members of an eight-person jury. The arbitrators or mediators are usually professionals who are better equipped to understand complex legal nuances of cases than an untrained jury member. ADR hearings are often resolved within 2-4 hours, as opposed to at least 3-5 days for a jury trial, so the client only has to take a few hours off of work instead of several days. ADR decisions are often more detailed than a jury verdict, so the client better understands why the decision was made by the arbitrator(s). The only major disadvantage to ADR is that it is almost always a binding decision. If the result is not what the client was hoping for, there is no right of appeal. How do you assess the strength of a personal injury case when determining whether to recommend settlement negotiations or proceeding to litigation? There are many factors in assessing whether to settle pre-litigation or 54 LAWYER MONTHLY NOVEMBER 2023 The Value of ADR in Personal Injury Cases Thought Leader Personal injury lawsuits comprise one of the most active areas of litigation in the US and internationally. There is significant scope for addressing these issues through alternative dispute resolution (ADR), though there are advantages and drawbacks associated with each method. We hear more on these methods from personal injury specialist Amara Edblad, who draws on her experience to explore the state of ADR and personal injury law in her jurisdiction.
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