For those who have been unfortunate enough to sustain an injury in an accident, a legal resolution is often necessary in order to receive the financial compensation they are rightfully entitled to. In judicial proceedings, “resolution” is a judgment or decision of the court. In civil law, it can also be the act of canceling or annulling a contract that was valid and binding. This can be done by the parties involved or by a court judgment. The reason for doing this must be something that happened after the agreement was made, and not because of any problems with the contract itself.
When dealing with personal injury claims, the goal is to reach a verdict that is fair for both parties. Most often this can be done through an agreement known as a settlement outside of court. However, if needed cases may go before jury trials in order to make sure each side’s case has been heard and considered carefully – leading up to four possible resolution avenues: pretrial settlement conference, mediation, arbitration, and trial.
1. Pretrial Settlement Conference: A settlement or pre-trial conference is a meeting between opposing sides of a lawsuit at which the parties attempt to reach a mutually agreeable conclusion of their dispute without having to proceed to a trial.
2. Mediation: The goal of mediation is for a neutral third party to help disputants come to a consensus on their own.
3. Arbitration: In arbitration, a neutral third party serves as a judge who is responsible for resolving the dispute. The arbitrator listens as each side argues its case and presents relevant evidence, then renders a binding decision.
4. Trial: The most familiar type of dispute settlement, going to trial typically involves a defendant facing off against a plaintiff before either a judge or a judge and jury. An adjudication is then rendered.
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