Legal Question in Personal Injury in New York

Re: personally injury lawsuit

Judges do not hear mediations and arbitrations.

They are heard by neutrals. A mediator attempts to help the parties reach an agreement,while an arbitrator decides a dispute. Arbitration is usually something that is contractually agreed upon.

Mediation can only work if the parties cooperate.

Re: personally injury lawsuit

Mediation is a non-binding proceeding whereby a neutral third-party assists the parties in coming to a resolution.

Arbitration is an informal hearing which the parties must agree upon. The parties can agree that the arbitration be be binding or non-binding. Arbitration is essentially a trial without a jury or judge where the rules of evidence are either relaxed or not applicable.

The arbitrator has broad authority to award damages or grant equitable relief.

The benefit of binding arbitration is that it is quick and inexpensive. The downside is that an arbitrator's decision is extremely difficult to overturn - even if the arbitrator makes a mistake as to the facts or law involved.

Non-binding arbitration is not commonplace. It is an arbitration whereby a party unsatisfied with the result has a limited time period to reject the arbitrator's award and request a trial. There is usually a fee or penalty paid for the trial request.