Arbitration Hearing for a Personal Injury Dispute
Going through
the arbitration process isn't as scary as it might sound. Keep reading to learn
what to expect during an arbitration hearing for a personal injury dispute.
Initiation
Before the arbitration process begins,
both parties have the opportunity to choose an arbiter, define rules for the
procedures, and determine a schedule. This is why it's a good idea to have an
attorney. If you're not familiar with arbitration, you probably aren't familiar
with the procedures or presenting evidence. Additionally, choosing the correct
arbiter makes a tremendous difference. Since initiating the arbitration is such
a crucial step and establishes the rules, you should have an experienced lawyer
to assist you.
Prehearing
The prehearing is a chance to discuss
the upcoming procedure as well as any related terms. If confidentiality is a
key issue, it should be outlined and agreed upon during the prehearing
conferences. Additionally, you'll have to determine whether or not the arbiter
is allowed to make decisions regarding any related claims.
The
prehearing is a good opportunity for you to become more familiar with the
process. During the hearing, you want to present your case as cleanly,
confidently, and professionally as possible. The prehearing conferences give
you a chance to develop that confidence and become more comfortable with the
experience.
Hearing
Most commonly, the hearing is held at
an office or conference room. This is more informal than a courtroom, which
should help put you at ease. The hearing generally begins with a brief opening
statement. At the hearing, each side has the chance to present their account of
the dispute, as well as evidence. For a personal injury dispute, this typically
entails medical information as well as specifics relating to the accident or
injury.
Witnesses
will be called to testify, and they can be cross-examined, just like with a
trial. When it comes to a personal injury dispute, it's always a good idea to
have experts on your side. Presenting personal injuries can quickly become
complex, so having someone with medical expertise is hugely beneficial.
The arbitration ends with brief closing arguments. This often includes a short recap of evidence, and it explains why the arbiter should side with you. The closing arguments are important. Don't assume that you've won simply because the evidence seems to be on your side. Make the best closing argument that you can.
Decision
An arbiter is intended to be
impartial, which is why they have the authority to make whatever decision they
believe is fair. The decision is traditionally presented in writing. A decision
is sometimes simple and quite brief, or it may contain pages of reasoning and
justification for the decision. Compared to litigation, arbitration tends to be
less expensive and faster. Understandably, arbitration has become quite popular
as a result.
Appeal
Arbitration decisions are final and
difficult to appeal. There are generally only a few reasons that an appeal is
allowed. If there's evidence of corruption or fraud, the arbitration can be
appealed. Additionally, if the arbiter refused to grant a justified delay or
exceeded their power, you should be able to appeal the decision.
As you can
see, there are advantages to seeking arbitration for a personal injury. Call
Steelhorse Law at 1-888-382-6878 if you would like an attorney to assist you
with your arbitration.