Using Arbitration To Settle Indiana Personal Injury Cases
Arbitration is an alternative way to resolve a case similar to, but not exactly like mediation. Arbitration, unlike mediation, usually ends in a final binding decision.
The first thing you have to do is you have pick an arbitrator. When there is a contract that is at issue in the dispute, the contract may state how the arbitrator is selected. In an Indiana personal injury case where a contract is not usually involved, then the parties must agree to an arbitrator. However, when the process involves a three-person arbitration panel, then the process is usually as follows: One side will pick an arbitrator, as will the other side. Then, the two selected arbitrators select the third arbitrator.
At the arbitration hearing, the parties may call witnesses and present evidence, just like a trial. However, the process is usually abbreviated and the Rules of Evidence are sometimes relaxed. Once all the evidence is presented to the arbitrator or arbitration panel, the lawyers typically get a chance to give brief closing arguments and sometimes will even submit written closing arguments after the hearing. The arbitrators will then issue a written decision on the case.
The Lake County Indiana personal injury attorneys at Westland & Bennett have many years of experience presenting cases at arbitration. Contact one of our Northwest Indiana lawyers for a consultation on your case.