How alternative dispute resolution in CA avoids litigation
November 18, 2021
Workers' compensation claims are costly and severely hurt staffing agencies and employers. More importantly, the current system is broken and easy to manipulate. Luckily, with alternative dispute resolution in California, there’s a way to avoid these unamerican, fraudulent claims. At Samuel Hale, our team of ambitious, motivated innovators guarantees to expedite medical treatment for workers while mitigating litigation liability for employers.
Here’s how alternative dispute resolution can help:
What is alternative dispute resolution?
One of the best ways to avoid lengthy, expensive worker’s comp litigation is alternative dispute resolution in California.
Workers’ compensation is an exorbitant expense that can severely cripple companies, and it often results in absences for injured workers that exceed the time they need. This manipulation of the system adds even more cost.
Alternative dispute resolution means settling disputes without litigation. However, it’s also a way to ensure you take care of the backbone of your enterprise: your hardworking employees. It’s an opportunity for parties to avoid the tumult of litigation and understand each other’s position.
More importantly, alternative dispute resolution helps injured workers and employers settle quickly and fairly, and it expedites workers’ return to health and work while resolving grievances with significantly less cost and contention.
The two most common modes of alternative dispute resolution to avoid protracted worker’s compensation trials are mediation and arbitration:
Mediation is one of the primary forms of alternative dispute resolution in California and entails introducing an impartial third party to mediate.
However, mediation still leaves the determination of the outcome and substance of the discussion to the parties entrenched in the dispute. While the parties detail their account of what transpired, the mediator listens and identifies issues. Afterward, they offer options for resolutions and help develop a settlement.
Arbitration is the most formal mode of alternative dispute resolution in California. During the arbitration, an arbitrator assumes all decision-making authority.
An arbitrator evaluates the arguments and evidence presented by both sides and determines the outcome and settlement. While each party has the opportunity to present evidence and arguments during a hearing, there aren’t facilitative discussions between parties.
There are two types of arbitration: ‘binding’ and ‘non-binding.’ ‘Binding’ means the parties have agreed to waive their right to a trial and accept the arbitrator’s decision with no right of appeal. ‘Non-binding’ means the parties can request a trial if they don’t accept the decision.
Arbitration is preferable when parties need a neutral third party to settle a dispute without the cost or time involved with litigation. Also, arbitration is recommended when parties need a decision-maker with experience in the specific dispute subject.
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Samuel Hale’s innovative and dedicated team has solutions to protect California business from fraud, litigation, and the failings of our current workers’ compensation system. Our country was built on businesses like yours, and we’re committed to protecting them. Sign up for a free claims analysis now!