by winburnlawWhat Is The Difference Between Arbitration And Mediation?
People sometimes confuse arbitration and mediation. Mediation is merely a settlement meeting. The parties can either settle or not settle, depending on what they perceive to be in their best interests. A mediation does not require any particular result and often there is no result at all and the case does not settle. Mediations are mandated in most filed cases in Vermont, whether you want to or not.
On the other hand, arbitration is essentially a substitute trial. The parties agree to one or more arbitrators who hear evidence and render a decision that usually ends the matter and the decision will usually be enforced by Vermont Courts.
The positive part of arbitrations is that they can be quicker and less expensive and not require as many formalities as a trial. On the other hand, many people do not want to have arbitrations because they would rather have a jury of their peers make the decision and because they cannot agree on “fair” arbitrators.
Arbitrations are frequently forced on consumers as a result of a larger agreement (an auto rental agreement, for example) and dictate the range of arbitrators that can be selected. Obviously, as with juries, a bad arbitrator is as bad as a bad jury. There is a concern that mandatory arbitrations that are forced on people are essentially rigged to provide the outcome desired by the company who wrote the contract. Most arbitration agreements of this kind are usually not favorable to claimants and are favorable to businesses, insurance companies and the groups who wrote the contract.
Litigants can also voluntarily agree to arbitrate in lieu of going to trial. In these circumstances, each side agrees to the rules governing the arbitration. With the advice and input of their attorneys arbitration can be a good process and be an advantage to both sides, but it always depends on the facts.
If we can be of service please feel free to contact us at winburnlaw.com or toll free at 800‑640‑5100. We handle cases from Bennington to St. Albans, Vermont, the Northeast Kingdom to Brattleboro and all points in between.
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by winburnlawDo People Really Get Millions Of Dollars Because They Spill McDonald’s Coffee On Themselves?
In Vermont, the answer is no. Yet, most people have heard about McDonald’s hot coffee case and believe this to be universally true because “everybody knows its true” regardless of which new paper or new show they watch. The facts and details of what actually happened are found in a movie called “Hot Coffee” that Variety described as an “eye‑opening indictment of the way big business spins the media”. You can go to www.hotcoffeethemovie.com for more information. In the HBO documentary film, Susan Saladoff interviews the actual people involved and the facts of the case rather than the fiction than what is promoted by insurance companies and other big businesses to be true. The public is predisposed to believe the fiction, presumably because it is in line with the perception people have about the system and accept a conclusion without actually knowing the facts of the case. Insurance companies promote this fiction because it is good for their bottom line to disparage claimants and the Court system.
The reality is that cases are decided by skeptical jurors who do not want to be fooled. Most are predisposed to believe that the “hot coffee case” is the way things usually turn out in court and don’t want to be a part of anything like that. However, when was the last time you ever heard of this kind of result in Vermont? Yet, nearly two decades have passed and most people think the “hot coffee case” is a common example of frivolous lawsuits that “clog” the courts and take advantage of the system. This is completely untrue, but you would have to practice personal injury law for 40 years to know the “real truth”.
This is why you need a personal injury attorney to help you through the process. Wherever you live – in Bennington, Burlington, Brattleboro, Rutland, Woodstock, St. Albans, Montpelier, Manchester, Springfield, the Northeast Kingdom or out‑of‑state, if you have had an accident in Vermont, Winburn Law Office can help. If you have a personal injury problem feel free to contact us at (802) 447-0100 or www.winburnlaw.com.
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Law Offices