What Is Arbitration?
Arbitration is a private dispute-resolution process in which an impartial arbitrator reviews evidence and arguments, then issues a decision about the dispute. Personal injury and insurance cases may use arbitration when the parties agree to it or when a contract requires it. The process follows defined procedures, but it is less formal than a courtroom trial.
Quick Facts About Arbitration
Category
Dispute resolution process
Used for
Insurance and injury disputes
Common confusion
It is not the same as mediation
Also called
Private arbitration
Often discussed with
Insurance Bad Faith Lawyer
Key Takeaways About Arbitration
- An arbitrator decides the dispute instead of a trial judge or jury.
- The parties present evidence and arguments under set procedures.
- Arbitration is not the same as informal settlement negotiation.
How Arbitration Works
Arbitration begins when the parties agree to submit a dispute to an arbitrator, or when an applicable agreement requires that process. Each side presents relevant documents, testimony, and legal arguments under procedures set by the arbitrator or governing agreement. The arbitrator then evaluates the record and issues a decision.
Related glossary terms: Demand Letter, Medical Records, Uninsured Motorist.
The decision may be binding or nonbinding, depending on the agreement and applicable law. Binding arbitration generally limits the parties' ability to pursue the same dispute in court after the decision. Mediation differs because a mediator helps the parties negotiate but does not decide the outcome. In an insurance dispute, arbitration may address whether coverage applies, whether the insurer handled a claim properly, or what amount the policy requires.
From the Atlanta Auto Law team
When we assess arbitration in an insurance bad faith matter, we review the policy, dispute-resolution language, claim file, and communications. We also identify whether the process is binding and what issues the arbitrator may decide. That review helps us prepare the evidence and arguments that address the actual dispute.
Arbitration in Practice: A Real-World Example
An insurer denies a covered injury claim, and the policy sends certain disputes to arbitration. We present the policy language, medical records, claim communications, and evidence about the insurer's handling of the claim for the arbitrator's review.
Related Services
Related Terms
Demand Letter
A demand letter is a written settlement request sent to an insurer or opposing party after…
Medical Records
Medical Records are written or electronic files that document a patient's care, condition, testing, treatment, and…
Uninsured Motorist
An Uninsured Motorist is a driver who has no liability insurance available to pay for injuries…
Subrogation
Subrogation is a legal process that allows an insurer or another payer to seek repayment from…
Atlanta Auto Law
Have Questions About Arbitration?
Contact Atlanta Auto Law for practical guidance on Arbitration and related personal injury attorney work in Druid Hills.