An alternative to taking your case to trial or settling it is to engage in the arbitration process. This process is faster and involves a neutral arbitrator or panel of arbitrators instead of a judge. The parties can agree to this arrangement, or sometimes it is required based on a contract between the parties. Here is more detailed information on how this unique process works in a San Antonio personal injury case.
What Is Arbitration?
Arbitration is a private process that parties involved in a legal dispute use to function outside of the court system. The arbitrator serves in a role similar to a judge and determines the outcome of a case after reviewing evidence and hearing testimony. The arbitrator makes a binding decision on the case, which is enforceable by law.
When Is Arbitration Used?
Arbitration is often included in contracts between parties, such as insurance contracts, when someone is considering suing their insurance company, or in cases involving investment fraud filed against a broker or brokerage firm. Employment contracts often require arbitration if an employment dispute arises.
However, parties can voluntarily agree to use arbitration, rather than the traditional litigation process. If the parties agree to arbitration, they can select the arbitrator who will be responsible for deciding their case.
The Arbitration Process
The process to arbitrate a San Antonio accident claim typically involves the following steps:
- Agreement to arbitrate: The parties sign an agreement to arbitrate a legal claim. This could happen at the beginning of the relationship between the parties when they sign a contract or after an injury occurs.
- Selection of arbitrator: The parties agree to the arbitrator. This may be one person or a panel. The parties are usually given a list of qualified professionals who can serve in this role. In personal injury cases, the list may include lawyers or retired judges.
- Designation of rules: The parties may use different rules from the civil rules of procedure and evidence that govern rules in courts. For example, they may limit discovery or have more relaxed evidence rules.
- Hearing: The arbitration hearing works similarly to how a trial works in a traditional case. The arbitrator reviews evidence and hears testimony. The lawyers examine and cross-examine the parties and witnesses.
- Decision: The arbitrator makes a final, binding decision on the case. They make a written decision and say how much damage the defendant should pay, if applicable. This decision usually cannot be appealed to a higher authority except for limited grounds, such as procedural errors or fraud.
Benefits of Arbitration
Some of the notable benefits of arbitration include:
- Cost: Arbitration usually costs less than litigation.
- Speed: Arbitration can usually resolve a legal dispute much faster than litigation.
- Confidentiality: The case is private.
- Final: The decision is usually final and unappealable.
- Expertise: The parties can choose the arbitrator who will make the final decision, rather than relying on a random jury.
Disadvantages of Arbitration
Some of the same benefits can sometimes serve as a disadvantage. For example, if you lose at arbitration, you might not be able to appeal the decision. You might want your “day in court” and not like the confidential nature of arbitration.
Contact Us to Learn If Arbitration Is a Good Option for You
Whether arbitration is a good option for your particular personal injury case depends on your specific circumstances and objectives. Contact George Salinas Injury Lawyers for an honest assessment of your legal options.