Understanding Arbitrations (LAW)

Arbitration is generally considered a more efficient process when compared with litigation by all lawyers including automobile accident attorneys since it is much quicker, less expensive, and provides greater flexibility over the procedures involved. Very often, it is the parties who select the arbitrator and exercise a certain degree of control over specific aspects of the arbitration procedure. What makes arbitrators better than judges is the fact that they usually have more expertise in the specific subject matter of the legal dispute than judges. Additionally, they may have greater flexibility in terms of decision making. Such advantages help speed up the entire process, thereby enabling both parties to quickly resolve their disputes and also reduce the burden of heavy caseloads on the respective courts. Conventionally, during arbitration, both parties voluntarily participate in the arbitration process. Their participation may be the result of a previous contractual provision or the result of an agreement negotiated after the dispute has arisen. There are several aspects that an arbitration agreement provides for including selection of the arbitrator or a panel of arbitrators, format of the hearing, procedural and evidentiary rules that are to be used, and the controlling law. If these aspects have not been included in the contract, both parties may seek assistance from agencies that administer arbitrations. All lawyers, including personal injury lawyers, are well-versed with these procedures, which is why one should consider employing their services when pursuing the process of arbitration. Usually, the entire procedure of arbitration is initiated when one party sends the other party a written demand for arbitration. This demand generally describes the parties, the legal dispute, and the type of relief that is being sought. If both parties agree to go forward with the procedure, a suitable arbitrator or panel of arbitrators is mutually

selected. In most jurisdictions, the format for arbitration is similar to that for trials, an aspect well known to all lawyers including automobile accident attorneys. Both parties are required to make opening as well as closing arguments, present testimony and witnesses, and offer documents to substantiate their case. In this case however, the evidentiary rules are not applicable and the discovery and cross-examination opportunities are limited. Compulsory arbitration has increased in the United States, especially with regard to legal disputes pertaining to public sector employment, court-annexed programs, and medical malpractice. Several states have also put into place legislation that requires critical public employees like police, teachers and firefighters to employ arbitration as the final step in negotiating the terms of their collective bargaining agreements. Additionally, court-annexed arbitration has become compulsory for certain categories of civil cases in several state and federal district courts. The important aspect here is to understand how court-annexed arbitration is different and how all lawyers, including personal injury lawyers, can leverage this to their advantage. If you are looking for a Personal Injury Lawyer in south Florida, Mark Shiffrin P.A is an agency that you can check out at http://www.schiffrinpa.com