When people think of legal proceedings, they usually envision a courtroom with a judge and jury. While this is certainly true of most civil cases, and certainly all criminal cases, sometimes civil cases happen outside of the public's view. The process of resolving cases outside of the traditional legal system is called arbitration. What is arbitration?

Answer: Arbitration is a private process for resolving disputes outside of the court system. A person called an arbitrator performs the functions of a judge and jury to decide the outcome of a case. An agreement the parties reach ahead of time spell out the rules used during the case.

In this article we'll discuss how arbitration works and how it differs from regular courts and how the injured and those who've lost loved ones can still use the arbitration process to resolve their case and hold wrongdoers accountable.

Why Does Anyone Use Arbitration?

Most people who've suffered a serious injury or families who've lost a loved one don't set out to resolve the case through arbitration. Instead, they find themselves to use arbitration due to an agreement they signed with a company or employer. For instance, many companies require their employees to sign arbitration agreements as a condition of employment. In short, these are contracts where the prospective employee signs away their right to sue their employer in court for any injury they suffer, and instead must pursue their case through the arbitration process.

Similarly, many companies require customers to agree to arbitrate any disputes that may arise from the company's services. This only gets at how people end up in arbitration, without addressing why companies are so keen on the arbitration process in the first place.

Arbitration is typically a faster process than going through the court system. This is one advantage for both sides of the dispute. The main advantage companies seek is that arbitration removes the chances of an outlier jury verdict. Attorneys have no idea who will show up for jury duty on a given day. As a result, the outcome of a case, particularly how much a jury awards in damages can vary wildly from place to place and even day to day. Arbitration usually eliminates some of this uncertainty. Let's discuss how arbitration accomplishes this.

What Make Arbitration More Predictable than a Trial?

To understand how arbitration eliminates outlier jury verdicts, we have to look more closely at the role of the arbitrator. Typically, arbitrators are retired judges, or attorneys. This fact alone usually assures that the person deciding the case will have a more fact-based approach. Since attorneys and judges are used to justifying their decisions based upon the facts of the case and the law, it makes it less likely that an arbitrator will be open to "sending a message" through an extreme decision. Put another way, an arbitrator will expect those bringing the case to clearly establish fault and meticulously document losses.

The biggest source of unpredictability in a trial is the jury. There's just no way to gauge the mood, temperament, and beliefs of a group of ordinary citizens ahead of time. While both sides have a hand in shaping who makes it on a jury, they have nothing but basic biographical information and a few questions to base their decision on.

On the other hand, in arbitration, both sides must agree on the arbitrator. What's more, arbitrators have a track record for everyone to see before they're chosen to decide a case. The main consequence is that, as long as each side does their due diligence, it's very unlikely that an arbitrator will heavily favor one side or the other, resulting in an outcome that is not as extreme as a jury verdict.

How Does Arbitration Work?

Arbitration is a lot like a trial. The plaintiff presents his evidence, the defendant presents theirs, and the arbitrator ultimately rules in favor of the plaintiff or defendant based upon the evidence presented. If the arbitrator in a personal injury case decides that the defendant was in fact liable for the accident, then he must decide how much money to award the plaintiff.

The rules of the process are the same that govern civil court cases. This applies to which evidence is admissible, which witnesses can be called, and the general structure of the proceedings.

Unlike a civil court where the mistakes a judge makes are appealable to a higher court, you cannot an arbitrator's decision even if the arbitrator incorrectly applies the law. This makes having a lawyer who knows the law well and can articulate it in a way that benefits your case crucial in arbitration.

Why Do Many Personal Injury Firms Refuse to Take Arbitration Cases?

The real issue for victims forced to arbitrate their case is finding experienced legal representation. Unfortunately, there are a large number of personal injury law firms that will not touch an arbitration case. While their reasons may vary, from being uncomfortable with the rules, not having much experience with arbitration, or refusing to litigate a case that can't come before a jury, the end result is that people with perfectly actionable claims have a harder time than they should getting an attorney to take on their case.

Our attitude is different. We're prepared to litigate any case we take on in any venue at any time. That's not just talk. We once settled a case in a parking lot because the building where the settlement negotiations were scheduled to take place didn't have electricity due to a storm.

Grossman Law Offices Is Ready to Litigate in Any Venue

At Grossman Law Offices, we focus on the client, not the venue. If arbitration is the only avenue to resolve our client's case, then we're more than happy to make their case in that venue. Our attorneys have tried cases before juries and arbitrators, and we can put that knowledge to use for you. Call us today at 855-326-0000 for a free consultation.