In a previous post, I discussed the Mediation process. As a follow-up to that post, I will discuss the Arbitration process. Although there are many types of Arbitrations they all have one thing in common: they are all methods of resolving a case without the use of a Judge or jury.
During arbitration, a case is submitted to an Arbitrator or Arbitrators, either appointed by the court or selected by the parties. There is usually one Arbitrator or a panel of three Arbitrators who are usually lawyers or sometimes a retired judge. A hearing is held and testimony is presented, often times more informally than in during jury proceedings, and the Arbitrator will decide the case.
Arbitrations may be binding, meaning no appeal can be taken from the result, or non-binding, meaning either party may appeal the Arbitrator’s decision. Arbitrations are a quick and efficient method of resolving cases. Unlike a jury trial where the parties wait to be called to court, an Arbitration is scheduled for a specific date to which all parties agree. Often time, in personal injury cases, the medical records are submitted to the Arbitrator without the need for live testimony from treating physicians. Medical evidence presented this way is much less costly than live medical testimony. In the right case, where the parties agree that a jury is not necessary, Arbitrations are an efficient and cost-effective method of resolving cases.