Mediation / Arbitration

Auto Accident and Personal Injury Attorneys

Kimsey Law Firm, P.A. provides injured and disabled clients with competent legal representation combined with personal attention. Known for our experience and concern for our clients, our attorneys are fierce advocates for the injured and disabled. Martindale Hubbell has awarded our firm an AV rating, which recognizes its level of skill, service and integrity.

Mediation

Mediation / Arbitration

The American Bar Association published a wealth of information regarding the mediation process including an article about the benefits of mediation. Some of the benefits discussed by the ABA are self-determination, informality, privacy, and a lower cost to litigants. The personal injury lawyers at Kimsey Law Firm often use binding arbitrations and mediations to resolve auto accident, slip & fall and other types of injury claims.  A binding mediation is a negotiation between two or more adverse parties with a neutral party acting as a mediator.  Retired judges often act as mediators.  The plaintiff and defendant enter the negotiation with the judge acting as a go between and the parties try to reach a settlement.  If a settlement cannot be reached, the judge steps in and decides a fair amount to award the plantiff for his or her injuries sustained in the accident.

An arbitration is a hearing where an arbitrator, or panel of arbitrators, act as judge and jury.  The arbitrator(s) hears testimony and looks at evidence and then makes a finding for the plaintiff or the defendant.  If the arbitrator finds for the plaintiff, he or she will then decide the amount of money to award.

An arbitration or mediation can be very beneficial to both plaintiffs, defendants and insurance companies. For a plaintiff, it can save time and money.  It can often take years for a lawsuit to make its way through the courthouse.  A mediation or arbitration can shorten the wait from years to months for a resolution.  Further, it is much less expensive to go to arbitration than to put on a trial in court.   Defendants and their insurance carriers also save greatly on litigation expenses with arbitration or mediation.

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