The term arbitration refers to:
- A way to resolve your personal injury case without going to a full trial in court. Instead of a judge or jury deciding your case, an independent person called an arbitrator listens to both sides and makes a decision.
Basically, arbitration is like a “mini-trial.” You and the other side present your evidence and tell your side of the story, but it happens in a simpler setting. Arbitration can save time and money, but it also means you give up some of the rights you’d have in a regular trial.
Why Would I Have to Go to Arbitration?
Under the law, going to arbitration in a personal injury case isn’t something that happens automatically. Usually, it only comes up if:
- The insurance policy calls for it.
For example, some insurance companies include clauses in their policies that say certain claims have to be handled through arbitration instead of in court.
Other times, both sides agree to arbitration voluntarily because it’s faster, simpler, and less formal than a traditional trial. Instead of months or years of court proceedings, arbitration can help resolve a case in a matter of weeks or a few months.
A judge can also order arbitration in certain situations, particularly if a case is eligible for “court-connected arbitration” programs that are designed to settle smaller or straightforward claims more efficiently.
How Does the Arbitration Process Work in a Personal Injury Claim?
Once your case is scheduled for arbitration, a process kicks in that involves the following steps:
- Choosing the arbitrator. Both sides either agree on an arbitrator or let a court or arbitration service assign one. This person is neutral and experienced in handling cases.
- Preparing your case. Just like in a regular case, you gather evidence, medical records, witness statements, and any other documents that support your claim. We’ll help make sure everything is organized and clear.
- The arbitration hearing. The arbitration actually goes down at a hearing, where both sides present their case. You can speak, show evidence, and call witnesses, but the setting is usually more informal than a courtroom.
- Decision. After reviewing everything, the arbitrator makes a decision. If the arbitration is binding, that decision is final and enforceable. If it’s non-binding, it serves as a recommendation—you could still take your case to court if you disagree.
Depending on the outcome, either side may follow the decision or consider other legal options if it’s non-binding. Arbitration can save time and avoid the stress of a full trial, but it’s important to have the right guidance and support to make sure you’re getting the most out of the process.
How Can Maison Law Help Me Through Arbitration?
Just because arbitration is less formal doesn’t make the process any easier. You’re still dealing with all the things that come with the claims process, but it’s still coming down to an arbitrator’s decision. You need to go into the process prepared, and that’s where our personal injury team at Maison Law can help. We will:
- Handle all the prep work—organizing medical records, gathering evidence, talking to witnesses, and laying out the strongest version of your story.
- Make sure everything is presented in a way that’s clear and persuasive to the arbitrator.
- Stand up for you by making your case, asking the right questions, and pushing back when the insurance company tries to minimize what you’ve been through.
- Help you understand what it means and what your options are—whether that’s accepting the result or exploring the next steps if it’s non-binding.
The bottom line is you don’t have to figure any of this out on your own. Most people are unfamiliar with the arbitration process, but with our team on your side, you can go into it knowing that you have backup. Set up a free consultation today.
