DATE: Tuesday, October 7, 1997              TAG: 9710060141

SECTION: LOCAL                   PAGE: B3   EDITION: FINAL 

SOURCE: BY JON FRANK, STAFF WRITER 

                                            LENGTH:   57 lines

SUCCESS STORY: ARBITRATION AND MEDIATION IS A GROWTH INDUSTRY

Six years ago, Debbie Dickerson's fledgling arbitration and mediation business handled about 22 cases a year.

But in a growth industry like Dickerson's, the pace can suddenly pick up.

``Now, we do that many cases in a week,'' said Dickerson, president of Arbitration Associates of Midlothian, Va.

Chances are good, in fact, that if you are injured in an automobile accident that is not your fault, and cannot reach a settlement with the insurance company to cover your medical expenses, you will have the dispute resolved by mediation or arbitration instead of going to court.

It's faster and less expensive than litigation, so companies like Dickerson's are helping to dislodge the logjam in state courts caused by too many lawsuits, many of them personal injury suits.

That's especially true in Hampton Roads, where Dickerson's company, one of three in the state, does about 60 percent of its business.

The difference in time and money can be remarkable.

Cases that can stay in court for months sometimes are resolved through arbitration in days, Dickerson said.

And a personal injury case that goes to court can cost, on average, between $2,000 and $3,000, Dickerson said. That compares to about $400 for an arbitration case.

The differences between arbitration and mediation are small but important.

Mediation is a nonbinding settlement process designed to help resolve disputes by having all participants agree on a voluntary settlement.

Arbitration is a settlement process in which the disputing parties present their cases to a neutral third party. In arbitration, the third party's decision is final and binding.

Both arbitration and mediation use lawyers and judges who act as the neutral third party.

Dickerson's company sets up the resolution conference between the disputing parties and arranges for an arbitrator or mediator to attend. Only one side need contact her office in order to get the process moving.

``All they have to do is pick up the phone,'' Dickerson said.

Dickerson also conducts training sessions on how to use arbitration and mediation.

The most popular type of arbitration, Dickerson said, is high/low arbitration. In this form the competing parties agree on a floor and a ceiling for an award. If the arbitrator exceeds either boundary, the nearest boundary is used to determine the award.

``There is a safety net for both,'' Dickerson said.

Arbitration and mediation have increased in popularity as people become more familiar with the courts and the way courts operate, Dickerson said. Especially when juries in high-profile cases so frequently confound much of the public.

``This protects plaintiffs from getting a jury that says it doesn't like the plaintiff,'' Dickerson said. ``It's kind of like a win/win.''

People involved in accidents who want to have their case resolved through arbitration or mediation can suggest the concept to their attorney.

``If you suggest it, they can advise you,'' Dickerson said.

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