There’s always a chance that your maritime injury case will head to trial. But hopefully you’ll be able to work with the defendant to find an agreeable way to resolve the case without the need for contentious litigation. While a significant number of these cases do resolve through some sort of alternative dispute resolution, you can’t bank on those approaches being successful. What you can do, however, is develop a strong strategy heading into negotiations so that you can advocate for a favorable resolution while still protecting your short and long-term interests.
But even though processes like mediation can prove fruitful, there’s some risk associated with them, especially if you’re not careful in how you navigate them. This is especially true if you make errors throughout. That’s why in this post we want to look at some missteps that could prove detrimental to the alternative dispute resolution process, that way you don’t accidentally become your own worst enemy in your case.
Although it might seem like the other side is able and willing to work with you to find mutually acceptable resolution through something like mediation, it’s important to remember that they’re not your friend, and they’re only looking to protect their own interests. So, as you proceed with alternative dispute resolution, it’s important to keep the following potential missteps in mind so that you don’t give the defendant leverage over you:
- Failing to collect evidence: Even though mediation and arbitration come before trial, you should still enter the process ready to litigate. That way you can articulate the evidence you intend to present at trial, thereby giving the defense an understanding of the strength of your case. This can give you leverage to secure the resolution that you want.
- Giving in too quickly: It’s understandable that you want to resolve your case and get your hands on compensation as quickly as possible, but you can’t agree to a settlement offer too quickly. Doing so puts you at risk of agreeing to something that could be less than what you’d otherwise recover if you stood firm during settlement talks or litigated your case. So, understand what your claim is worth and your likelihood of success at trial, that way you’ll have a better idea of when to settle and when to walk away from negotiation discussions.
- Misunderstanding the law: To develop a strong legal strategy, you have to posses a firm understanding of the law. If you don’t, then you might have an unrealistic perception of the strengths and weaknesses of your case. That’s why it’s a good idea to discuss your case with your attorney, who can help you navigate the legal nuances of your claim.
- Failing to anticipate the defense’s position: You might think you have a strong case that should undeniably lead to favorable resolution during alternative dispute resolution, but if you don’t account for the arguments raised by the defense, then you could be taken by surprise during settlement negotiations. This will put you back on your heels, making it hard to find a way to get to the outcome that you want.
There are a lot of steps to be taken in a maritime injury law case. You have to competently address each of them. If you don’t, then you could be denied the compensation that you need and that you would otherwise recover. So, be sure to take the time necessary to understand the law and the evidence in play so that you can make informed decisions and develop legal strategies that protect your interests.