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The Judicial Arbiter Group, Inc. is able to provide an added dimension to the negotiation/settlement process of civil litigation. In cases involving personal injuries, professional malpractice, product liability, domestic relations, or construction and other commercial disputes the presence of an experienced arbiter expands the settlement process beyond traditional adversarial negotiations.
Counsel will find the following benefits in the settlement and negotiation process:
Independent Analysis of Evidence & Legal Arguments
Arbiters will thoroughly review all case materials provided by counsel including medical, engineering, accident or manufacturing reports, legal or financial instruments, depositions and settlement statements. After a review of the facts and legal issues the arbiter will provide parties with predictions as to their likelihood for success and the merits of the respective positions.
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Promotion of the Proper Settlement Environment
The presence of an experienced judicial officer promotes an appropriate tone and environment for settlement discussions by controlling the atmosphere and tenor of negotiations. Traditional adversarial roles, which frequently prevent open and meaningful negotiations, can be de-emphasized.
Improvement of Communications
By utilizing an arbiter as the neutral third party, counsel is better able to improve the settlement process by defusing the emotions involved in the litigation, focusing only on the pertinent issues and facilitating more forthright communications. Appropriate disclosures to the arbiter can be made on a confidential basis and can be used to approach a fair and equitable settlement without creating a tactical disadvantage in the event of a trial. |
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Timelines
A formalized settlement process enables counsel to explore settlement prospects well prior to the intensive preparation required immediately before trial date.
Identification of Key Case Elements
Using the experience and historical perspective acquired from being a trial judge, arbiters are able to evaluate crucial issues in the litigation. Underdeveloped issues are more thoroughly examined and overemphasized elements are examined in more realistic terms.
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