What should I expect if I am going to mediation or arbitration in an industrial accident case?
If you are going through mediation or arbitration in an industrial accident case in West Virginia, there are a few things you can expect. Mediation is a form of alternative dispute resolution (ADR), where a neutral third party tries to help both sides of the dispute reach an agreement. In arbitration, a neutral third party (the arbitrator) will hear both sides of the argument and make a decision that is legally binding. In either process, it is important to be prepared with all the relevant information about your case. For mediation, you should bring documents such as witness statements, medical records, and other evidence to present your case. For arbitration, you should also know what the applicable laws and regulations are. In both mediation and arbitration, the process of information exchange, negotiation, and resolution is confidential. The mediator or arbitrator will attempt to help the parties come to a settlement and avoid the hassle of court litigation. You may be asked to provide information or answer questions, and you may also have to provide a settlement offer or counter-proposal as part of the process. Once the dispute is resolved, the mediator or arbitrator will draft a legally binding agreement. This agreement will become effective once all parties have signed it. It is important to keep in mind that mediation and arbitration are voluntary processes, and that you are not obligated to accept any settlement or award that is reached.
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