What is Adjudicate?
To “adjudicate” is to reach a court verdict regarding a matter. A court or arbitrator will decide on a legal problem after considering the information and arguments presented by you or your attorney. This procedure is called adjudication. In a civil case, you ask a judge or jury to rule on your case, which is known as adjudication.
Do Different Types of Adjudication Exist?
The Latin word adjudicare, meaning “to judge,” is the root of the verb adjudicate. In general, it’s a means of resolving conflicts. This implies that the idea goes beyond just regular courtroom trials with a judge and jury. Additional forms of adjudication consist of:
- Arbitration is a less formal form of adjudication that uses a third-party arbiter as opposed to a court. A third party who is impartial to your case hears your testimony and considers the evidence you presented. This kind of procedure involves no jury and even less formal regulation.
- Private Judging is similar to a formal trial. A third party consents to preside as a private judge to render a decision. Comparing this approach to typical litigation, it is significantly more private and secretive. The third-party frequently has knowledge and experience in the particular dispute.
What Effect Does the Type of Adjudication Have On My Right to Appeal?
Your right to appeal the third party’s decision may or may not be eliminated if the dispute is resolved through these more informal means. Additionally, the parties may not ultimately be bound by the resolution.
You’ll observe that, despite the possibility of third-party involvement, mediation or informal settlement are not regarded as forms of adjudication. This is so because, while the third party may assist in bringing the parties to a settlement, they are not involved in the actual decision-making process.
Which Type of Adjudication is Best for Cases Involving Personal Injuries?
Because accident victims frequently gain more from telling their story to a jury, and because juries are not allowed in these more informal forms of alternative conflict resolution, these alternative modes of adjudication are rarely employed in personal injury cases. But occasionally, a contract or other agreement you signed might mandate that you follow these procedures.
How Can I Determine the Appropriate Adjudication Method?
Speaking with a knowledgeable personal injury attorney is the best method to figure out what kind of adjudication will be most beneficial for you. Before we file a lawsuit on your behalf, we carefully take your possibilities for out-of-court settlement into account, including various forms of adjudication. Reach out to our staff to find out more about this procedure.
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