Q: Am i required to go to trial if the defendant doesn't agree to settle or can i ask for an ADR?
I am involved in a slip & fall case where I have told my lawyer that i do not want to go to trial and am willing to settle the case for less than HIS recommended amount, if apposing party will agree. He tells me that I have no choice and will go to trial when the courts say the case is ready.
A: The lawyer must abide by your request. After all, it is your case. If there is an offer made and you want to accept it, then it is your decision. However, if the defense has never agreed to that offer, then it limits your options. "ADR", alternate dispute resolution, is typically something both side must agree to do. Otherwise, yes, you would have to proceed to trial.
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