How to Resolve Your Disputed Case In Court Without Having a Jury Trail.

In Connecticut, the end result of a car accident, medical malpractice case, or just about any civil action is a trial by jury.  In fact, Connecticut prides itself on individual voir dire which allows the attorneys to question potential jurors individually outside the presence of the other jurors.  But a jury trial is a big gamble.  One side wins big, and the other side loses big.  There is usually little compromise.  Also, a jury trial is an expensive proposition.  When one considers the cost of operating a Court house, one can easily understand why judges do their best to resolve or "settle" cases before trial. But in many cases, for various reasons, parties need their day in Court.  They need to say their piece, and be heard by someone who is willing to hear their case. 

Is there an alternative to a jury trial?

Yes.  There are several alternatives to a jury trial available in the Connecticut Court. 

Arbitration.  An arbitration is an procedure to resolve a case short of a full jury trial.  It is like an abbreviated jury trial.  The procedure has rules that a similar to the rules of a trial.  Each side has the opportunity to be heard and present their case.  Normally, instead of a jury, an individual, two, or three will decide the case.  Sometimes an abitration is voluntary, but sometimes the Court requires you to participate in an arbitration. 

Mediation.  A mediation is a settlement conference with a aid of a mediator who does not decide the case.  Instead, the mediator acts as a facilitator to a settlement.  A mediation is a voluntary procedure with very flexible rules. 

If you or anyone you know thinks they have a complex case that might benefit from an arbitration or a mediation and you have questions contact one of our Southeastern Connecticut Car Accident Lawyers at The Bartinik Law Firm, 100 Fort Hill Road, Groton, Connecticut 860 445 8521 or toll free at 888 717 4211.


Peter J. Bartinik, Jr.
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Civil Trial Attorney, Practicing Law in Connecticut