Personal injury cases are often interpreted by many as courtroom lawyers arguing, a judge presiding, and even a jury deciding the outcome. However, the fact is, not every personal injury claim makes it to the courtroom. In reality, most of them are settled through arbitration, an informal process that can differ significantly from what you see on television. If you just got injured and found out that your case is heading to arbitration rather than court, you’re probably wondering what that means. Let’s clarify it!

What Is Arbitration and Why Does It Happen?

Arbitration is a way of settling a dispute outside of the regular court system. Instead of a judge or jury, your case is settled by a neutral third party who is an arbitrator. Sometimes there’s a panel of arbitrators, but most of the time one person handles your case.

You may wonder, Why am I being compelled to arbitrate in the first place? More than likely, it’s in the fine print. Arbitration provisions are typically hidden in employment contracts, service contracts, or even warranties on products. When you signed the contract—unbeknownst to you—you could have agreed to resolve your disputes through arbitration rather than a judge. That is infuriating, but arbitration is typically faster, more private, and less expensive than going to court.

How the Process Works

The arbitration process looks like a court process to look at but is generally less structured. After the initial filing, both sides exchange documents, evidence, and witness testimony. Then, there is a hearing where each side presents its case. You and your lawyer will have a chance to recount the injury tale, present medical reports, and bring in witnesses. So will the other side.

One of the biggest distinctions is time. Arbitration operates on a shorter time line than cases heard in court. The arbitrator or tribunal can have deadlines by which you must submit and provide evidence, and if you fail to meet them, it will hurt your case. Being organized and ready from the beginning gives you a clear advantage.

Preparing for Arbitration

Preparation is everything when it comes to arbitration. Before you even begin, it’s a good practice to carefully review your contract’s arbitration clause. Look for the rules that will govern the process, the seat (meaning, location) of arbitration, and the number of arbitrators you’ll be dealing with.

Then turn your attention to the evidence. In personal injury cases, the strongest evidence generally is:

• Medical reports that clearly connect your injuries with the accident or incident.

• Photos and videos of what occurred and the ramifications that ensued.

• Statements from witnesses who were present at the event or can describe how your life has been impacted since.

• Financial statements, such as bills, receipts, and evidence of lost income.

• Staying organized, i.e., maintaining a tidy file or index of your evidence, will make it much easier to set out your position in brief at the hearing.

Settlement Is Always an Option

One of the most common myths is that arbitration always ends in a written judgment. The truth is that many cases settle before the ultimate hearing. After both sides have had a chance to present evidence, there is sometimes room for negotiation. Sometimes this happens through direct conversation, and sometimes it may involve a mediator.

Settlement will save your time, money, and energy. It allows you to avoid the vagaries of leaving the decision in the arbitrator’s hands. If you both are able to agree on a reasonable figure, settlement is generally the sensible choice. 

Conclusion

If your case does proceed to an arbitration hearing, the arbitrator will then render what’s termed an award. That’s really the final word. As opposed to the situation in a court case, there are usually very few if any avenues of appeal. Better or worse, the arbitrator’s ruling is binding.

If the losing side fails to obey, the award can generally be enforced by the courts. It is simpler to enforce a well-documented case, and that’s why early good preparation is so important.