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Everything You Need to Know About Arbitration

Submitted by Elizabeth V on

In many personal injury cases, the parties involved settle without actually going to court. If you are filing a claim for personal injury your case may go into arbitration for a decision to be made. In the arbitration process, the arbitrator who is chosen for the role will listen to all the evidence provided and make a decision as to (1) who wins the case, and (2) the amount of personal injury damages that should be awarded. Oftentimes, arbitration is selected in personal injury compensation claims because it’s cheaper than taking the case to trial and can be a less stressful experience.

What is Arbitration?

Arbitration is an alternative dispute resolution (ADR) for personal injury claims. The parties involved have the chance to be heard by a neutral 3rd party called an arbitrator. Arbitration goes through similar stages to a trial. The participants in arbitration write down their claims and defenses and present their evidence. Lawyers act on behalf of the parties in the arbitration process.

What Does an Arbitrator Do?

An arbitrator is an unbiased 3rd party who oversees arbitration between the parties concerned. Arbitration as a whole is monitored by the Federal Arbitration Act but the requirements to become an arbitrator are only determined by state law. An arbitrator’s role is to hear and help resolve disputes between the parties in a personal injury compensation claim. The role of an arbitrator is similar to a judge who hears and reviews evidence. Arbitrators are usually experienced retired judges or lawyers.

The Arbitration Process

Taking a personal injury compensation claim through the arbitration process to reach a settlement may be a lengthy process and a meeting with a lawyer is required to represent the parties involved in the process. The arbitrator will review the evidence and will make a decision on who will win the case and he or she will also determine the amount that’ll be awarded in personal injury damages. Normally the arbitrator will dispatch the decision in writing and send it to the parties involved.

The decision could be either binding or non-binding. This decision depends on the arbitration type. If the arbitration is determined to be binding, the arbitrator’s decision is final, and, thereby, entered as a judgment which gives it the same status as a judge’s court order.

In non-binding arbitration, either of the parties is able to reject the arbitrator’s decision. If neither of the parties chooses to reject the decision within the specified time period, the compensation award is made, and the decision is then entered as a judgment so that it becomes binding.

Get Connected With a Lawyer

If you have chosen arbitration to settle your personal injury claim, you will need a lawyer to represent you and help to calculate a fair settlement amount for the loss you have experienced from your injury. If you fill out the Free Case Evaluation, you can get connected with a lawyer who can help you with the arbitration process.

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