Is Arbitration a Better Choice for Your Case Post-COVID-19?
While the world is beginning to move forward at a more “normal” pace after months of quarantine and social distancing, the courtroom continues to lag behind. Unfortunately, one of our own cases was recently postponed to 2022 due to the backlog of cases filling up the court’s docket.
When presenting a case, three of the most common dispute resolution options include settlement, mediation and trial. There is another option, however: arbitration. This option is as close to a trial as you can get while staying out of the courtroom.
Could arbitration be the best choice for your case? Read on to learn more and then reach out to a skilled attorney for advice tailored to your situation.
What Is Arbitration?
In arbitration, a dispute is submitted to a single arbitrator or panel of arbitrators that proceeds to resolve the claim. You and your attorney will select one arbitrator if this is a single arbitrator case. In the event of a three panel arbitration, you will select one arbitrator, the other side will select a different arbitrator and those two arbitrators will choose a third, neutral arbitrator to sit on the panel.
Your attorney and the other party’s attorney will argue on behalf of their clients, much like a trial. Attorneys will present opening and closing remarks. The rules of evidence apply and the arbitrator makes rulings just like a judge would at a full hearing.
The facts and evidence will be presented by witness testimony, but most of the records and documents are admitted by report only. Your attorney will also be able to use the expert reports as evidence in your case, saving you the expense of producing expert testimony at an increased cost.
High-Low Binding Arbitration
High-low binding arbitration is the most common form of arbitration. In it, both parties will agree on parameters in which the case will be decided. There will be a high value and low value that is agreed upon in advance of the hearing.
In this way, there is some certainty that is afforded each litigant. Both parties will also agree that the arbitration is binding or unable to be appealed.
The Benefits of High-Low Binding Arbitration
The obvious benefit of arbitration is the continuing of your case during uncertain times. You may be able to receive the critical compensation you need for medical bills and pain and suffering damages. Other benefits include:
- Cost savings: In arbitration, there isn’t a need to spend countless days in court and the process is far less complicated than a trial. As a result, you can save on court costs.
- Flexibility: Arbitration is flexible, often scheduled when it’s best for all parties involved. For example, meetings can often be held in the evenings or on weekends to fit your schedule. Presently, some cases have even been done using video platforms similar to Zoom and Teams.
- Privacy: Arbitration proceedings are typically kept confidential where many court cases are accessible by the general public.
Need Legal Help? Call the Attorneys at Brazil Law Group Today.
Wondering if arbitration is a better option for your case? We’re here to answer your questions and provide legal assistance. To learn more about arbitration, give us a call at 612-874-6109 or send us a message.