A legal dispute between two parties is usually settled through arbitration. A personal injury case is one example. Arbitration is growing in popularity for persons and businesses that want to keep the resolution of disputes more private while yet having an impartial third party hear their case because there is typically no requirement to file the claim in court.

Arbitration may be an option if you are attempting to settle a dispute with someone who hurt you but do not want to deal with the trouble of filing a lawsuit. 

The team at Brandon J. Broderick, Attorney are Law is ready to assist you through the arbitration process. Our personal injury lawyers have decades of experience in helping clients handle their injury cases in a variety of ways.

Are There Situations Where Arbitration is Mandatory?

While arbitration is typically optional, there are some situations where it may be mandatory because of an earlier agreement between the two parties.

While arbitration may be necessary, a common scenario is when there is a disagreement with your own insurance provider. The majority of policies, particularly Personal Injury Protection (PIP) policies, have a condition in which the insured consents that any disagreements with the insurance provider will be settled by binding arbitration.

Companies like Lyft and Uber have revised their consumer use agreements to include a section stating that customers agree to binding arbitration instead of filing a lawsuit if a dispute develops, so you might also be compelled to resolve a dispute with a ridesharing business through arbitration.

Are Decisions in Arbitration Enforced?

There are binding and non-binding forms of arbitration, just as there are voluntary and mandatory kinds. If arbitration is binding, you must agree to the decision(s) made as a result of the proceeding. If the results are not legally binding, you could sue to try to get a better result.

Prior to the process starting, the type of arbitration must be agreed upon by both parties. Yet, the agreement to binding arbitration included in a preceding contract that you signed may be enforceable in court.

It is important to keep in mind that starting a case after engaging in non-binding arbitration may not necessarily yield a better result. Your requested amount of compensation might not be granted by the jury.

How Does the Arbitration Process Work?

The arbitration process resembles the court filing process in certain ways. One of the primary distinctions is that, unlike a jury trial wherein jurors are chosen from a randomly selected group of individuals, the arbitrator must be agreed upon by both sides.

Opening comments and factual presentations from each side are then followed by closing arguments. There is a discovery procedure in which, upon request, one side is required to provide the other with specific information. The arbitrator may need several days to make a decision after hearing from each party.

You could take your case to court if the arbitration was non-binding.

The Advantages of Disadvantages of Arbitration

Like any other kind of Alternative Dispute Resolutions (ADR), arbitration has advantages and disadvantages. The fact that arbitration was more affordable used to be one of its main benefits. Yet, as the process has gained more traction, arbitrators are charging more for their services. The expense of bringing a lawsuit or engaging an arbitrator must be considered.

Since you are not required to testify in open court, the arbitration process is more private, which is another advantage over litigation. However, keep in mind that you can also receive this same privacy if you settle a claim.

According to the specifics of your claim, the more lenient requirements for admissible evidence in arbitration may be advantageous or detrimental. However, you are not permitted to question any witnesses in a cross-examination.

Call Brandon J. Broderick For Help After Being Injured

Give our attorneys a call right away to explore the specifics of your claim if you are attempting to resolve an injury claim, but are unsure of the right course to take. Is arbitration the best course of action? We can help you determine how we may be able to get you the maximum compensation available.

Our attorneys have years of expertise assisting victims of injuries and have successfully won thousands of cases on their behalf.
Give us a call today, so we can discuss the details of your case.