You have undoubtedly heard of the word ‘arbitration.’ It’s been a hot-button issue with employers, product manufacturers, and lawmakers alike. But, what is arbitration? Is it good or bad? What does it mean for your personal injury claim?
What is Arbitration?
Arbitration is a form of alternative dispute resolution—or ADR. In other words, it is an alternative means of trying to settle a dispute using a neutral party. Arbitration can be legally binding or non-binding, depending on the terms.
ADR is typically held outside of a court setting in front of an impartial third party. This form of ADR differs from other forms of ADR, such as mediation and conciliation.
Alternative Dispute Resolution
Dispute resolution provides a means for each party to present their side with the goal of a resolution without involving the court system. Alternative dispute resolution can take place with or without lawyers.
What is an Arbitration Agreement?
An arbitration agreement sets the rules by which the arbitration will proceed. This can include the following as examples:
- how the arbitrators are chosen
- if the neutral party is one or more persons
- time and location of the arbitration proceedings
The details are of utmost importance. It is recommended to consult with an attorney to discuss the terms of your arbitration. These details can significantly impact both the total cost, effort and the time the arbitration will take. The agreement will also determine if the decision is legally binding.
In an arbitration hearing, both sides reveal the facts and argue their case. Afterward, the arbitrator decides the outcome. The outcome determines the obligations and rights of both parties.
The award may be challenged in an appeal; however, enforcement is a benefit of using the arbitration process. A rehearing is typically not needed in order to enforce the award.
How Arbitration Works In Personal Injury Claims
Many people associate arbitration with mandatory clauses commonly found in contracts and user agreements. But, ADR methods are useful in personal injury claims depending on the situation.
In a personal injury claim, arbitration is one of the last options we try before taking a case to court. Our goal is always to provide the best possible outcome for everyone we help. Additionally, insurance companies will often agree to arbitration.
Will Arbitration Benefit Your Case?
Arbitration could benefit or harm your injury claim, depending on how it is handled. Your personal injury attorney can help you navigate your claim to get the best possible outcome. What if you don’t have a personal injury attorney? Contact us today for a free consultation.
Lancaster Personal Injury Attorney
At Haggerty & Silverman, we help people with personal injury claims. Trust our experience to do what is best in your situation to get you the money you deserve. Contact us today for a free injury consultation with an attorney.