How are aviation disputes and claims resolved?
In Louisiana, aviation disputes and claims are typically resolved through negotiation and/or mediation. Negotiation is the process of talking through a dispute or claim in order to reach an agreement that both parties will accept. During the negotiation process, the parties will exchange information and develop potential solutions to the dispute. Mediation is a process that involves the use of a third-party mediator to help the parties reach an agreement. The mediator will listen to both sides of the dispute and then make suggestions or recommendations for resolving the dispute. In some cases, aviation disputes and claims may not be resolved through negotiation and/or mediation. In such cases, the dispute or claim may have to be litigated in a court of law. Litigating an aviation dispute involves filing a lawsuit and presenting evidence and arguments to a judge or jury. If a party does not agree with the court’s ruling, he or she may appeal the ruling to a higher court. In Louisiana, aviation disputes and claims can also be resolved through alternative dispute resolution, such as arbitration or binding early neutral evaluation. Arbitration is a process in which a third-party arbitrator hears evidence and arguments from both sides of the dispute and then makes a decision, which can be binding or non-binding. Binding early neutral evaluation is a process in which an experienced attorney or judge listens to both sides of the dispute and then provides an opinion as to how the dispute should be resolved. Both of these processes are generally faster and less expensive than litigating a dispute in court.
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