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Why avoiding trial could be the best strategy in Hawaii

Going to trial is always a lengthy and expensive process, no matter what the case at hand is. With bigger cases, especially in the areas of medical malpractice or personal injury, many people believe that taking their case to trial and fighting the hard fight will help them get the best possible result.

However, taking a case to trial is often an unnecessary expense. It is likely that engaging in an alternative dispute resolution such as mediation will achieve a more successful result that is less expensive for both sides. There are several types of alternative dispute resolutions. The most common are the processes of arbitration, mediation and early neutral evaluation.

What is arbitration?

Arbitration is the process of allowing a third party who is completely impartial to the situation to manage the dispute. This means that the situation can be examined without the use of a judge, but the final decision is enforceable by the courts. This is usually executed through two parties that agree to use arbitration as the elected method of legal resolution before a dispute actually happens. This is very common, for example, in the workplace, when a new employee will be asked to sign a contract assigning arbitration as the way that he or she will deal with any future disputes.

What is mediation?

Mediation is a negotiating technique that is rapidly growing in popularity within the legal realm. It involves the use of an intermediary who helps each party work together. They have no decision-making ability, but he or she focuses on helping to find common ground between the two parties and coming to a fair agreement based on the circumstances. This technique works best when the two parties know each other, whether through business, marriage or as a medical patient.

What is early neutral evaluation?

Early neutral evaluation is a process where an intermediately hears the facts of a case before it goes to trial, and gives a fair and impartial evaluation. This can help a party to know the best path forward.

If you are unsure of the way that you want to approach your legal claim, it is important to consider the specifics of your situation before taking action.

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