Does a tire failure lawsuit have to be settled in court?
No, a tire failure lawsuit does not necessarily have to be settled in court. South Carolina law provides for an alternate method of settling tire failure claims known as Alternative Dispute Resolution (ADR). ADR is a process that involves an impartial and neutral third party negotiator who helps the parties in the lawsuit choose a resolution that works best for all the parties involved. ADR is often more efficient than going to court because it is conducted privately and without the expense and delays associated with litigation. Instead of having to pay for and wait for court appearances and decisions, ADR allows the parties to reach an agreement quickly; often within a matter of weeks. The process allows all parties to express their preference without the need to go to court. In addition, ADR allows for creative solutions to legal disputes. A skilled negotiator can assist the parties in fashioning a settlement that works best for them, taking into consideration all the legal, factual, and economic issues at play in the case. Some individuals may see ADR as the lesser alternative to court proceedings, but that is not necessarily the case. Both the parties and their attorneys must be willing to seek a resolution through ADR in order to successfully settle the dispute. Ultimately, the decision whether to settle in court or through ADR is up to the parties involved.
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