Appeal of a Personal Injury Arbitration Award
Provided by HG.org
Personal injury awards through arbitration or standard and often awarded based on overwhelming evidence of the wrong committed by the perpetrator against the victim. However, appealing such awards is often difficult and not possible based on the writing of the conclusion of these sessions between all parties.
Some states require arbitration as the very first method used before any litigation could occur. Others demand mediation as the initial process to ensure lower court fees, judges free from civil cases and to ensure open communication. Arbitration is somewhere in the middle between mediation and litigation, and it is often a complicated process to consider as the first or only option to use for personal injury claims. The parties involved need to agree upon the process going forward, and this may stop the arbitration from happening at all. All parties in the claim need to agree to take part in arbitration, who is to be the neutral arbitrator and who pays what fees.
The Arbitration Process
Arbitration has a neutral third-party arbitrator that is usually a lawyer or judge who reached retirement age. Fees usually are evenly split between all parties involved. Before the process begins, all parties must determine if the results are either binding or non-binding. And at the conclusion, the decision is usually final with little or no wiggle room for changes. Unless there is a special need, the parties will determine if any appealís process is an option after the arbitratorís final decision takes hold. Binding decisions usually have no appeal afterward. If the conclusion is a non-binding process, the parties may pursue litigation later for a different outcome.
Binding or Nonbinding Terms
Once the parties agree on the terms, what type of arbitration will take place and all other matters necessary to proceed, it is important to determine if the outcome is binding or not. With a nonbinding result of the arbitration, neither party must comply with the judgment of the arbitrator. This could result in an entirely wasted process if the final decision means nothing. However, in many nonbinding results, the parties may stick to the judgment to prevent litigation from taking time and money. Additionally, the outcome may provide a basis to understand if a lawsuit would provide favorable conclusions to the matter at hand.
A binding judgment may provide the best outcome to the arbitration process. This will ensure that all parties involved will stick to the decision of the arbitrator. In usual circumstances, both individuals or entities will choose to have no appealís process available after the final result. However, this is a decision agreed upon by both, and if anyone feels that an appeal could become necessary, it may arise as the last effort to seek the best possible solution to the problem. Other than an egregiously unfair judgment, appeals are only possible when the parties feel that part of the process is necessary.
Pursuing an Appeal
It is important to have an official review a case when the arbitrator issues a final judgment that is unreasonable. If the appeal process is not part of the arbitration agreement between both parties, this is usually the only way an appeal could succeed. This is usually rare and an uphill battle, but the person may need to attempt this procedure for any chance of a new judgement. It is possible the arbitrator used in this situation has a bias or dislike of someone specific or the circumstances. Unprofessional behavior is possible, even if it is exceedingly rare.
The only other usual possible appeal process is when the arbitration agreement between parties has this in the terms. With a binding final judgment, the plaintiff and defendant must abide by the outcome. However, if the party seeking compensation or a remedy does not receive enough funds, it is not possible to recover from an incident. Then, it is important to take advantage of the appeal that was put in the conditions for the arbitration. However, in a nonbinding procedure, the outcome does not require any appeal as it does not hold anyone to the judgment.
Legal Help in Arbitration Appeals
Before seeking an appeal, the individual should consult with a lawyer. If the appeal is not part of the arbitration agreement, the plaintiff may need to take the judgment to another official for review. It is important to have a lawyer assess the situation before attempting this, as a new decision of the outcome is rare and may not push through.
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.