Q: A person I sued after I was injured on their business's property requested we arbitrate instead. Is this a good idea?
There are many benefits to arbitration, most particularly it is typically much faster than a state court lawsuit. That said, if you are unrepresented by counsel I would be weary of agreeing to arbitration. Arbitration is a lot like a trial. I have never heard of an injury matter being arbitrated. In arbitration, the arbitrator or panel of arbitrators will decide your case and you will not have the benefit of a jury. You should also know that in arbitration, unlike a court case, there is typically no appeals process.
If you are unrepresented by an attorney, I recommend you consult with/retain one because you will be at a severe disadvantage at both arbitration or trial without one. If you have retained an attorney, you should consult with them about this issue.
A: I am an attorney in Fargo who practices in the area of personal injury. As an attorney who has handled numerous arbitrations, it would be my general advice to avoid arbitration unless mandated by some sort of policy (i.e. a no-fault insurance policy). Why? Because arbitrators can be extraordinarily biased. Because arbitrators tend to be private practice attorneys who practice in the area of personal injury defense, you will likely end up with an arbitrator who will side with the party you are suing by default. The process you need is mediation, not arbitration. If you do not have an attorney, you need one immediately. I hope my answer has been helpful to you.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.