Having a construction premises liability claim go all the way to trial could prove to be troublesome and very time consuming. If both parties can agree on the terms and conditions of a settlement instead of going to trial, it could be beneficial for both parties.
When a case goes to trial, there is a chance you may not be awarded compensation for your injuries. If you manage to come to terms with the defense before the case is presented in front of a jury, you may be able to recoup what you are owed. Contact an attorney for more information about how a construction premises liability case could avoid trial in Boston.
Arbitration in a Construction Premises Liability Case
Arbitration occurs where both parties submit evidence before an arbitrator. Arbitrators may consist of a single person or a panel of three people. Arbitrators would act as the judge and the jury and would issue a decision after the parties appear for an arbitration. The presentation would consist of presenting evidence both in the form of documentary evidence, such as photographs and video, as well as testimonial evidence via in-person or audiovisual depositions.
With the arbitration, it is very common that the parties enter into a confidential agreement as part of the agreement. In this instance, both parties would agree on a maximum and a minimum of guaranteed recovery. This provides the parties with some protection or assurance that, as far as the injured worker is concerned, that there is at least a minimum amount that they are guaranteed to receive no matter what the arbitrators decide.
Process of Mediation
The mediator acts as a neutral party to try and help bridge any gaps or disputes among the parties that might be hindering the case for resolution. The mediator would generally welcome the parties at a joint conference, explain the mediator’s role, the mediator’s philosophy as far as his or her approach to cases in mediation, and what the goals are for that day. The mediator generally would also explain that in order for there to be a settlement, there has to be a good-faith compromise, which means that from the injured worker’s perspective, they are not going to receive everything they might hope to.
In a mediation, the plaintiff would make a presentation, give a brief overview of the case as well as the extent of their damages, and introduce their argument as to why they should be awarded compensation for their injuries. During this stage, the plaintiff would present any evidence supporting their claims. Then, after the general joint session, the mediator would break the parties into groups, separating them so that the mediator can speak in confidence and privately with both parties so the mediator can see exactly where people’s real positions are.
Get in Touch with an Attorney Today
When trying to avoid taking a case to court, you may be wary about going about doing so. With the help of a trusted attorney, you may be able to carefully prepare for an arbitration and/or mediation should your case merit such a situation. By leveraging the experience of an attorney, you may be able to recover compensation for your damages in a quick and efficient manner. For more information about how a construction premises liability case could avoid trial in Boston, be sure to schedule a consultation today.