In short, arbitration is a method of handling a personal injury case (and other types of legal cases) that doesn’t involve a jury. It’s generally much faster than a jury trial and instead of having a jury decide the case, it’s in the hands of anywhere from one to three arbitrators who get to decide how the case works out. Many clients of Law Offices of Fernando D. Vargas don’t know their rights when it comes to arbitration. Read on to learn about them and then reach out to us at 909-982-0707 for your free case evaluation.
There are three main types of arbitration
There are three types of arbitration. Binding arbitration is essentially the same as a trial in that any award will become a judgment. The judgment the arbitration person or group decides on is as enforceable as any judgment that a judge or jury would have come down with.
Advisory arbitration is used in situations where both parties want to find out what would happen in the future if they went to binding arbitration or on to trial. It can be used in cases of personal injury settlements, to learn how to frame certain issues of the case, and to test out various approaches to the case at hand.
The final option, non-binding arbitration, starts out as advisory but can become binding. This happens if a certain amount of time passes without either party requesting more proceedings. Essentially, it’s advisory unless both parties agree and do nothing, in which case it becomes binding.
Why would anyone want arbitration?
There are advantages to choosing arbitration in some cases. They typically cost less than going to trial, they’re almost always completed much faster than a trial is completed, and they’re less formal than a trial. For example, some evidence can get into arbitration that wouldn’t be acceptable in a court of law.
There are other procedures that could make it a better option too. It all depends on the specifics of your case. If you’re not sure what the best option is for you, we encourage you to call Law Offices of Fernando D. Vargas at 909-982-0707 to set up your free case evaluation.
Are you required to go to arbitration?
Many of the contracts you sign at your doctor’s office, car dealer, construction contractor, etc. may include what’s known as an Arbitration Clause. When you sign this document, you are agreeing that if there is a dispute, it will be resolved via arbitration and not in a trial. Basically, signing this document waives your right to a judge or jury trial.
There may still be options for you
In some cases, an Arbitration Clause may not apply even when the other party says it does. Your best option is to contact a personal injury attorney who can carefully go over your case and let you know what your options are. At Law Offices of Fernando D. Vargas, we have experience assisting in a wide range of cases and are ready to find the best solution for you. Call us today at 909-982-0707 for a free case evaluation.
