To learn more and to join the HCBA’ s Lawyer Referral Service, visit www. hillsbar. com / page / JoinLRIS..
Contact Lupe Vazquez-Mitcham at 813 221-7783 or lupe @ hillsbar. com for further information.
the arguMent fOr greater uSe Of nOn-Binding arBitratiOn
Mediation & Arbitration Section
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realistic indication can be a tool for counsel to use with recalcitrant clients who need to confront the true value of their case.
The costs of non-binding arbitration are far less than the expenses of trial— and in many cases even the costs of trial preparation. This is especially true when the hearings are virtual without the need for the expense of travel for the parties, attorneys, witnesses and experts.
Before non-binding arbitration even begins, the process of preparation forces each side of the dispute to organize, evaluate and catalogue the evidence and means of proof in their case to better understand the strengths and weaknesses of the claim. At the same time, the exercise of preparation— to include the preparation of summaries for admission in the non-binding arbitration process— forces consideration and evaluation of limitations on the admissibility of items of evidence. This includes an opportunity to better evaluate the damages that can potentially be claimed and proven in a trial.
In cases involving insurance adjustors, or other third-party evaluators of the strength and potential value or risk of a case, the input of the arbitrator may help identify, or at least allow for the identification of, cases where particular facts or law place the value of the case outside of the standard damages calculation. It allows for the realization that a case is not the“ standard whatever” case and permits the evaluation of the real risk or value of a case. This may make“ presumed values” more reasonable.
A final and often unrealized potential benefit of non-binding
arbitration is the opportunity to consider the likability, believability, and reasonableness of the parties, witnesses, and the claims of the lawsuit. This can also promote a more realistic evaluation of a case and its potential before proceeding to trial.
These factors support the greater use of court ordered non-binding arbitration as a tool for resolution in lieu of the traditional path of preparing a case for trial. The use of non-binding arbitration can expedite the resolution of the case, reduce the costs of litigation, and provide a means of successful resolution without the risks of trial. n
Author: Mike Peacock – Miles Mediation & Arbitration
Attorneys Needed for HCBA Lawyer Referral Service
The HCBA would like to extend an invitation to all attorneys to join the HCBA’ s Lawyer Referral Service.
Bilingual attorneys are especially in need as the local Spanish-speaking population is underserved in the following practice areas: probate, consumer protection, immigration, landlord / tenant and business.
To learn more and to join the HCBA’ s Lawyer Referral Service, visit www. hillsbar. com / page / JoinLRIS..
Contact Lupe Vazquez-Mitcham at 813 221-7783 or lupe @ hillsbar. com for further information.
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