Arbitration is becoming a popular method of resolving contested legal matters outside of the courtroom. However, arbitration is not for every case and you need to be sure you understand the rules regarding arbitration before you agree to submit your claim to arbitration.
What is Arbitration?
Arbitration is a way to settle a disputed matter between parties without a judge or jury. Each party agrees to present their evidence to an arbitrator or arbitrators instead of a judge or jury. The arbitrators then decide the case much like a judge would decide the case after a trial. The rules and procedures in an arbitration vary, but they are much more relaxed than the rules of civil procedure in a courtroom.
Is Arbitration Binding?
The parties can agree to non-binding or binding arbitration. In a non-binding arbitration, the either party can decide not to accept the decision of the arbitrator. However, you must be careful. The decision of the arbitrator can become binding if you do not take specific action to request further legal action.
In a binding arbitration, the parties agree to be bound to whatever decision the arbitrator makes after hearing the evidence. Binding arbitration is much like a trial where the decision of the judge or jury is final. If the parties agree to binding arbitration, the judgment of the arbitrator can be enforced just like a judgment from a trial.
Is Arbitration Right for Me?
Some people do not have a choice whether to arbitrate a case. Many contracts signed today such as a cell phone service contract or a rental agreement contract clauses that require the parties to submit to binding arbitration. Some companies feel that this protects them from the high cost of litigating claims.
Personal injury claims are not subject to arbitration; however, there are some advantages of arbitration that you may want to discuss with your attorney. Cases that are settled through arbitration may be less costly and less time-consuming. You may reach a settlement much quicker if you agree to arbitration. In addition, arbitration does not have the same strict rules of evidence and procedures that you are bound to in a courtroom.
However, not every case is right for arbitration. You must weigh the pros and cons of arbitration carefully before agreeing to submit to arbitration. Your attorney can advise you on whether he believes your case is better tried in a courtroom in front of a jury rather than heard by a single person who may or may not be an actual judge.
Call a Fresno Personal Injury Lawyer For Help
If you have been injured, your first priority is your health. When you have received the medical attention you need, your second priority should be protecting your legal right to recover full compensation for your damages.
Call our Fresno personal injury lawyer for a free consultation. We can help you receive the compensation you are entitled to recover under California’s personal injury laws. Contact Torem & Associates by calling 1-800-954-4444 or by using the contact form on our website. We accept most personal injury cases on a contingency fee basis.