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WHAT IS ARBITRATION?
There are two types of arbitration. The first is a Court-ordered arbitration. The second type is where the parties voluntarily agree to resolve the case through a binding arbitration proceeding. Both types are handled professionally by your Delaware Personal Injury Group of Morris James LLP.
Court-ordered arbitration is required for all cases that have a value of $100,000.00 or less. The majority of lawsuits filed are arbitration cases. An arbitrator is selected one of two ways. Either the parties voluntarily agree on a particular arbitrator (usually an experienced personal injury attorney) or if the parties cannot agree, the Court will select an arbitrator.
Once the arbitrator is selected, a hearing is scheduled. In Delaware the hearing normally occurs within 3 months of the arbitrator being selected. The arbitration hearing takes place in the arbitrator's office. The parties will testify and medical records and reports will be reviewed by the arbitrator. Usually, the hearing is transcribed by a court reporter. The record made during the hearing will be part of the case going forward. Following the hearing, the arbitrator has 5 business days to issue a decision. Once the decision is mailed to the parties, they have 20 days to review the decision. If everyone is content with the decision, the case is resolved in accordance with the arbitrator's decision. If the other party does not like the decision, they may file an appeal within 20 days of the decision. Once an appeal is filed, the case is put on a jury trial track. If you have further questions about this type of arbitration, you may want to have a consultation with a Delaware Personal Injury Lawyer.
The second type of arbitration hearing is where the parties agree that the arbitrator's decision is binding and final. A binding arbitration hearing is conducted in the same way as a Court-mandated arbitration hearing with one possible exception. Often times in agreeing to a binding arbitration, the parties establish a floor and ceiling on the award. This is often called a binding high/low. The following example demonstrates how this works. Suppose the parties agree to binding high/low of $10,000.00 - $25,000.00. This means that if the arbitrator awards less than $10,000.00, the award will be $10,000.00. If the arbitrator awards more than $25,000.00, the award will be $25,000.00. If the arbitrator awards a number between $10,000.00 and $25,000.00, that amount will be the award. It is recommended that you seek the advice of a Delaware Personal Injury Lawyer before making any decision regarding your case. Getting the correct legal advice the first time can save a lot of money. Morris James Personal Injury Attorneys have a combined total of 81 years handling Personal Injury cases in Delaware.
The major difference between the two types of arbitration is that an agreed upon arbitration means that the arbitrator's decision is binding and the case concludes for that decision. Both sides must agree to a binding arbitration.
Contact MorrisJames Personal Injury Group
302-655-2599 (Wilmington) - 302-368-4200 (Newark) - 302-678-8815 (Dover)
The MorrisJames Personal Injury Group has been helping victims of serious Auto Accidents in Delaware for a combined total of 81 years. We have offices in Dover, Newark, and Wilmington. Contact us today |