Asbestos & Mesothelioma Law Blog
While some people suffer asbestos exposure because of nobody’s fault, often, asbestos exposure happens because of other people’s negligence. In the United States of America, if a person develops mesothelioma or another asbestos-related illness after suffering asbestos exposure because of another person’s negligence, the victim or their family can file a mesothelioma claim and recover compensation from the negligent party. Often, people choose to litigate mesothelioma cases in court. However, litigation is not the only way to resolve mesothelioma cases. Alternative dispute resolution (ADR) methods are available, and these alternatives offer several benefits over traditional court proceedings. In this article, we discuss the different forms of ADR for mesothelioma cases and the benefits of each.
Settlement Negotiations
The first form of ADR for mesothelioma cases is settlement negotiations. Negotiations entail the claimant’s attorney sending a demand letter to the liable party or parties. In the demand letter, the attorney outlines the facts of the case, evidence supporting the case, and what they are demanding in compensation. The liable party or parties then respond to the letter. An agreement is reached if the responsible party or parties agree to the demands immediately. However, rarely do liable parties agree to claimants’ demands right away. Often, liable parties will make a settlement offer that is less than what the plaintiff is asking for. After an offer is made, the claimant’s attorney responds with a counteroffer. The back-and-forth between the claimant’s attorney and the liable party or parties then continues until an agreement is reached.
The following are some of the benefits of settlement negotiations;
- Settlement negotiations cut down on costs
- Settling a mesothelioma case saves time
- Settlement negotiations give the claimant control over the outcome of the case
Mediation
The second form of alternative dispute resolution for mesothelioma cases is mediation. The mediation process involves working with a neutral third party called a mediator. A mediator facilitates communication between the claimant and the defendant(s). Unlike a judge, a mediator does not make the final decision. Instead, a mediator helps the plaintiff and defendant(s) reach a mutually acceptable agreement.
The following are some of the benefits of mediation;
- The mediation process is private and confidential
- Mediation can save you time and money
- Mediation allows parties to have more control over the outcome of the case
- Mediation is less adversarial, which can be beneficial for mesothelioma victims
Arbitration
Arbitration is a form of ADR in which an impartial third party (an arbitrator) listens to both sides of the story, reviews evidence, and then makes a binding decision. While the arbitrator acts like a judge and the arbitration process almost resembles court proceedings, the arbitration process is more flexible. For example, there is flexibility when it comes to scheduling. Also, the rules of evidence are not as strict in arbitration as they are in litigation.
Some of the advantages of arbitration include the following;
- Choice of decision-maker
- Arbitration saves time and money
- The arbitration process is flexible
- Arbitration offers privacy
Nationwide Mesothelioma Lawyers
If you or a loved one were diagnosed with mesothelioma, contact our office to speak to one of our experienced nationwide mesothelioma attorneys about your situation. Our office can help investigate your case and determine if compensation can be sought from negligent parties to help you and your family live a more comfortable life.