Our current legal system is encountering problems due to its own nature. It has become so open and accessible to the public that the slightest injury sustained by a person or the slightest damage that a property has experienced would already amount to a long-standing litigation that would take years before final resolution. We have a society that is sue happy and breaks into litigation that so appropriate in our prevailing realm.
Our government is aware of this growing dilemma, and the fact that our courts’ dockets are clogged with so many petty cases. Unfortunately, the more pressing claims are given less attention. With this in mind, our government has outlined several means to settle a particular case without having to resort to court litigation. These other means include mediation and arbitration of the claims.
Mediation and arbitration involve pre-litigation avenues in settling a particular dispute. The fact that the parties are given the opportunity to air their grievances and address their arguments until they reach a common ground. The main goal in mediation and arbitration is arriving at a settlement. These types of settlement process are encouraged by the courts to do away with the adversarial set-up in court litigation and the expensive process of going through the rigid court procedures.
The good thing with the use of these alternative modes of settling disputes is the fact that any settlement arrived at by the parties would be controlling between and among them, it has the force and authority of a decision of a jury, which is considered as final and executory.
Owing to its nature of dependency to the voluntary conduct of the parties in the case, no one can appeal on the final decision of a mediation or arbitration settlement. This means that after the victim accepts the settlement arrived at by the parties then he or she could no longer file any claims in court for the same cause of action. The plaintiff is barred from filing a lawsuit based on a case that has been previously decided upon through mediation or arbitration.
The alternative procedures for settling disputes is now being given importance since it provides the opportunity for the parties to sit down and talk about the circumstances without rigid formality and cost. It does not only foster rational thinking, it also gives ample consideration for the wrongdoers who have accepted the civil wrong he or she committed. It also allows allows another party to willingly forgive the wrongdoer after deciding upon the proper and just compensation.
http://www.articlebliss.com/Article/Settling-a-Personal-Injury-Case/131350
