Legal Question in Personal Injury in New York

mediation and arbitration

in a personal injury suite, if a case goes to mediation or arbitration, how long does it normally take for one to be scheduled ?and does the mediator have to review the case file prior to mediation or arbitration ?


Asked on 2/20/07, 12:02 pm

1 Answer from Attorneys

Marshall Isaacs Marshall R. Isaacs, Attorney At Law

Re: mediation and arbitration

The simplest answer is that mediation and arbitration are substantially quicker than trial.

However, there are numerous different organizations and associations which conduct mediations and arbitrations (e.g. NAM, AAA, The Joint Committee on Fee Disputes, etc., etc., etc.). Each of their rules and scheduling procedures are different. The complexity of the case also makes a big difference. Lastly, the parties may agree to or request several adjournments before the matter is finally heard.

Normally, each party forwards submissions to the Arbitrator or Mediator to Review in advance. In routine motor vehicle accidents, however, the Mediator or Arbitrator may only look at the documents a few minutes before or during the proceeding.

Hope this is helpful.

Marshall R. Isaacs

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Answered on 2/20/07, 12:31 pm


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