Choosing the Right Lawyer is No ACCIDENT- A Personal Injury Guide - By Jeff Adelman (2025 Edition)

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Choosing the Right Lawyer is No Accidentmediation box is another step forward towards the conclusion of yourclaim one way or another.Sometimes a case is just not ripe for a settlement at mediation. Oftenhowever, a mediation can set up future negotiations, and a case can beresolved by the parties still without going all the way with a jury trial.Jeff Adelman, B.C.S., Esq. 47
Choosing the Right Lawyer is No AccidentNON-BINDING ARBITRATIONThis is another form of alternative dispute resolution (ADR) that can beordered by a judge or the parties can voluntarily submit to it. Theseprocedures are governed by Florida Rule of Civil Procedure 1.820. Justlike a regular arbitration, there is an arbitrator and both sides get topresent arguments. Parties can choose to have witnesses testify, but oftenthey do not. If they do testify, it is much shorter than if they weretestifying in a trial. It is meant to be informal. Attorneys from both sideswill submit any documents they want the arbitrator to consider to thearbitrator before the arbitration, or usually within a couple of days of themeeting. Deadlines for submitting materials should be clearly stated bythe selected arbitrator. Within 10 days of the non-binding arbitrationhearing, the arbitrator must notify the parties of their decision in writing.Now keep in mind that this is a “non-binding” arbitration, that a standardarbitration where the arbitrator has the final say on the matter. Any partycan reject the arbitrator’s decision and request a trial if they do so within20 days of the arbitrator’s filed written decision. If neither party objectsto the arbitrator’s decision, then the decision becomes binding, and thecase is over.If the arbitrator’s decision is rejected and the case goes to trial, theconsequences are similar to a “proposal for settlement,” that I wroteabout earlier. To keep it simple, let’s use an example of a non-bindingarbitration award of $100,000 for the plaintiff. The award is rejected bythe plaintiff. The jury returns a verdict of $70,000. In theory, the plaintiffhas won the case. But that is less than 75 percent of the $100,000 nonbindingarbitration award. So now the defendant’s attorney can send abill to the plaintiff for all of the hours of time they spent litigating thecase after the subject after the rejection of the $100,000 award. Again, itis quite similar to a proposal for settlement.Now let’s go the other way. The defendant rejects the $100,000 nonbindingarbitration award. The case goes to trial and the jury returns averdict for $140,000. That is over 25 percent more than the non-bindingarbitration award. Now it is the defendant that owes attorney’s fees andcosts to the plaintiff.48Jeff Adelman, B.C.S., Esq.
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Choosing the Right Lawyer is No ACCIDENT- A Personal Injury Guide - By Jeff Adelman (2025 Edition)

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