While the lawyers in the Janssen Law firm aggressively prepare their cases for jury trial, there are other dispute resolution methods that may be suitable for a particular case. In fact, most civil cases for money damages settle prior to trial, in recognition of the economic fact that trials are expensive and uncertain for both sides of a dispute.
In most cases involving a significant amount of damages, it is typical for a mediation to occur prior to trial. A mediation is a voluntary procedure where the parties select a mutually agreeable facilitator or mediator (typically an experienced trial attorney or retired trial judge) to conduct settlement negotiations with a focus on resolution of the dispute. Money spent on the resolution process at mediation can save tens of thousands of dollars at trial for expert testimony and exhibits.
In mediation, the mediator has no authority to force any of the parties to agree to anything; it is a voluntary process where the parties input gives them some degree of control over the outcome. In a trial, that control is handed over to the jury, or the court, who may view the case quite differently than the self-interested prospective of the litigants themselves. The Janssen Law Firm has had very good success in putting the appropriate cases through mediation as an alternative to the expense and uncertainty of trial.
Another dispute resolution mechanism is that of arbitration. For example, in auto cases in which the defendant driver is either completely uninsured or underinsured (inadequately insured) the California Insurance Code provides that a person’s dispute with their own insurance carrier about resolution of that claim is conducted via an arbitration procedure. In an arbitration, both sides select a mutually agreeable arbitrator, typically a lawyer or a retired judge, who would conduct an evidentiary hearing on the issue of liability and damages. The arbitrator then renders a written ruling of his or her findings, the result of which is binding.
The advantages of arbitration are that it can be cheaper than the extensive costs connected to a trial, much of the evidence can be submitted in documents, and it achieves finality because the result is binding without the right of an appeal.
There are, of course, cases that simply must go through jury trial and the attorneys at the Janssen Law Firm excel in that arena. In fact, usually the best way to get the appropriate settlement result prior to trial is to properly and aggressively prepare the matter for trial, letting the other side know that you are fully prepared to try the case through verdict and prevail.
The attorneys at the Janssen Law Firm are experienced in all three of the dispute resolution procedures outlined above, and stand ready to help you.
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