How does arbitration work in a personal injury case?
Arbitration is a process in which two parties in a dispute present their cases to an impartial third party—the arbitrator—who makes a binding decision on the outcome of the dispute. In Massachusetts, personal injury cases can be resolved through arbitration if both parties agree to use this method of alternative dispute resolution. The first step in the arbitration process is for both parties to select their own arbitrator. The two arbitrators will then select a third arbitrator—the “chairman”—to preside over the arbitration. During the arbitration, both parties can present evidence to the arbitrator and argue their case. The arbitrators will then review all of the evidence and make a decision that is legally binding on both parties. Additionally, the arbitrator’s decision can be appealed to the courts for review. However, this appeal process can be costly and time-consuming. Therefore, it is best to use arbitration as a way to reach a resolution prior to engaging in a lengthy litigation process. In short, arbitration is a way to resolve a dispute between two parties without going to court. In personal injury cases, both parties can agree to use arbitration, where they can present their evidence to the arbitrators, who will make a binding decision on the outcome of the case.
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