Most cases do settle with expert professional advice. When they don’t, the forum for resolving the dispute is a jury trial in the state of Connecticut Superior Court or the Federal District Court, depending on the parties and the nature of the dispute. The jury trial is the most well-known way that parties can resolve a lawsuit if a settlement cannot be agreed upon.
We understand this, and we always work up your case as if a jury trial is an eventuality. This approach helps ensure that settlements that can be had are had and also ensures that we are prepared for a jury trial in those cases that don’t resolve.
We are very experienced with jury trial litigation and have our own courtroom in our offices in Watertown, Connecticut where we routinely hold focus groups and help to prepare you if a trial is necessary.
But there are also alternatives to a jury trial that the parties can agree to if a voluntary settlement cannot be had. And we have successfully used these alternatives many, many times. Known as “Alternative Dispute Resolution”, arbitration is one means and mediation is another.
Arbitration is an abbreviated proceeding where the parties to the lawsuit agree on a neutral arbitrator who will decide the issues in dispute. This is similar to a court trial where the judge or the arbitrator acts as the fact-finder. Most often the arbitrator is a retired judge or another lawyer very experienced in personal injury litigation. Arbitration proceedings are usually truncated and can be finished faster than a jury trial. The process is similar to a jury trial: you would testify at the arbitration, similar to what would occur at a jury trial, but arbitrations are not held at the courthouse; rather, arbitrations are held at a law office in a conference room. There are typically no court reporters, and there is no jury. The arbitrator serves as the judge and jury and will usually render a written decision within 30-60 days of the arbitration proceeding. The parties typically agree that the decision of the arbitrator is not appealable except under very limited circumstances.
Another alternative dispute resolution procedure is mediation. The mediator, like arbitration, is usually a retired judge or a lawyer who is very experienced in personal injury lawsuits. But there are two key differences. One is that mediation is non-binding. Meaning that the mediator is not deciding the case, but rather trying to facilitate a negotiation whereby the parties voluntarily agree to a settlement. The other difference is that at mediation, you do not need to testify at all; rather, the entire presentation is done by us as your lawyer. Similarly, the other side will present their position through their lawyer. Then we will engage in settlement negotiations through the mediator. Mediations are often successful in resolving disputes and avoiding the expense and anxiety of a court proceeding. All mediation discussions are confidential, and there is no obligation to settle, and no binding decision is rendered by the mediator. It is simply an effort to try and resolve your lawsuit with the help of an independent and experienced mediator.
Each dispute resolution forum has its benefits and its risks. One of our experienced trial lawyers will discuss your case with you and make recommendations regarding what the best option is to resolve your claim.