Resolving Personal Injury Cases Through Arbitration
Arbitration is common, it is a way to resolve a legal dispute without going to court. The result is legally binding when the arbitration is binding.
The method can be an effective way to move forward with less cost and a reduced timeline. Jury trials can be long, which can lead to further expense. If you have questions about the possibility of arbitration for your personal injury case, talk to a Bucks County personal injury attorney.
One or More Attorneys Are Involved
A process that is usually private, an arbitration is where parties put their dispute in the hands of one or more attorneys. A panel of lawyers could even be involved. The lawyers will review evidence, listen to arguments and make a decision.
Similar in some ways to a jury trial, arbitrations are more condensed. Instead of hearing a medical witness testify, medical reports and doctor notes could be reviewed, for instance. This trimming down of the process is one of the reasons an arbitration typically costs less. That said, the parties are still able to present their evidence and the dispute can be resolved. There can even be the option of having a binding arbitration or a non-binding arbitration.
- Parties agree to the arbitrator’s decision, waiving their right to a trial. Often used in business disputes, binding arbitrations are beneficial to parties who want to get the dispute resolved as soon as possible so business can continue and the dispute can be put to rest.
- Non-binding. The arbitrator’s decision could still go to trial. The benefit of non-binding arbitration is it gives the parties an idea of how a third party views the situation, it can be helpful in settlement negotiations, for example. Some even use it as a path to assess the strength or weakness of possible court appearances. When the decision is acceptable to both parties, they can move forward, forgo court, and accept the decision.
There are a few circumstances when a binding arbitrator’s decision can be appealed. It is rare, but if there was fraud it could be a possibility. If you have questions about an arbitrator’s decision, a Bucks County personal injury attorney can help.
Arbitration Is a Type of Alternative Dispute Resolution (ADR)
Dispute settlements outside of court, through mediation, arbitration, or negotiation, are common forms of ADR. The benefits of the alternative resolution processes is they can reduce the time, cost, and stress that may be involved when a case moves through the court process.
After all, it is not in anyone’s plan to be involved in a serious car crash and collect a multitude of hospital bills. For many, the main objective is to secure a settlement amount that allows them to heal and move toward their future in a positive way. In situations when litigation could take years, a victim may prefer to use an alternative resolution process.
Are you interested in arbitration? The lawyers at Kardos, Rickles & Hand can help. Schedule your free consultation today, call 215-968-6602.