CALL TODAY FOR A FREE CONSULTATION
580.765.9660
Toll Free: 866-800-9660
HOME ABOUT US PRACTICE AREAS TESTIMONIALS BLOG COMMUNITY LOCATIONS LAWYER REFERRALS VIDEO CENTER CONTACT
OPEN PRACTICE AREAS
Serving Oklahoma
CONTACT US NOW
LEARN ABOUT US

Are There Trial Alternatives in Oklahoma?

On behalf of Brad Wicker of BDIW Law posted on Tuesday August 31, 2021.

Alternative dispute resolution, in the form of mediation or arbitration, is a less costly and less stressful alternative to taking your personal injury case to trial.

Movies and TV series show lawyers delivering show stopping arguments at trial, thereby securing big wins for their clients, but that is not how most legal cases turn out, especially not personal injury cases. In real life, trials are extremely stressful. You have to talk in front of strangers about your injuries and financial struggles. The defendant’s lawyer will cross-examine you, and no matter how thoroughly you and your lawyer have prepared for trial, it is still a nerve-wracking experience. The good news is that most personal injury cases reach a settlement without going to trial. Reaching a settlement does not mean “settling for less” and giving up on the compensation that you deserve. It usually means that the parties use one of Oklahoma’s alternative dispute resolution channels to help them agree on an appropriate amount that the defendant should pay you. An Oklahoma City personal injury lawyer can help you get the compensation that you deserve by means of alternative dispute resolution.

Alternative Dispute Resolution in Oklahoma Personal Injury Cases

The Oklahoma courts allow, and even encourage, the parties to disputes in civil court to use alternative dispute resolution to reach an agreement about their disputes. The main forms of alternative dispute are mediation and arbitration. You might be familiar with mediation in the context of family law; the courts encourage couples who get divorced when their children are minors to attend mediation to help them agree on a parenting plan. In mediation, the mediator does not make any decisions; he or she simply facilitates the discussion. You and the defendant simply negotiate until you agree on a fair settlement in your personal injury case. If you cannot reach an agreement in mediation, you can move onto arbitration or a trial.

Arbitration is more like a trial, except with lower stress. Like a mediator, the arbitrator is a neutral third party. As in mediation, there is no one present at an arbitration session except the plaintiff and defendant, their lawyers, and the arbitration. Unlike a mediator, but like a judge, the arbitrator has the final say about how much money you get. One caveat is that, if the arbitrator orders the at-fault driver’s insurance company to pay you an amount of money higher than the driver’s policy limit, the insurance company might not pay it; they might only pay the highest amount allowed under the policy limit.

Whether you resolve your case through mediation, arbitration, or a jury trial, you still need a skilled personal injury lawyer.

Contact BDIW Law About Alternative Dispute Resolution

You do not need the stress and expense of a trial, even if you win. A personal injury lawyer can leverage their negotiation skills and help you get the money you need in your personal injury case without going to trial. Contact BDIW Law in Oklahoma City, Oklahoma or call (405)886-9660.