For every careful driver on the road, or careful person in the work or public place, there is another person who is not entirely bothered by things like their duty of care to others and act in a careless fashion. Most times, when this accident eventually happens due to imprudent and careless behavior, it results in injury to one or more parties. It is for this reason that we have personal injury lawyers, to make sure that people going about their business who get injured as a result of the negligent act of another, get their full compensation without fail.

Whenever these accidents and the resulting injuries happen, the major way in which they are handled is through the use of lawsuits made by one party to the other and taken before a court of law. That being the case, however, in this day and age, there are several factors for which a person may be unable or simply not want to file a civil lawsuit. These factors include things such as delay of the judicial process, congestion in the various courts, the cost of handling the lawsuit as well as other things such as the mental effect litigation may have on the person or people involved, to name a few.

In order to accommodate these situations, it has become possible to make available, other means by which these cases can be resolved. ADR, which stands for Alternative Dispute Resolution, refers to the various alternative means by which these accident cases are handled, and one of these means is through the use of a technique known as Arbitration, which is the most commonly implemented alternative method. If you happen to have a case that would ordinarily be settled by a lawsuit, but for whatever reason, have decided to handle it using the ADR method of Arbitration, then it is important for you to know what exactly it is you are doing, especially as it relates to the case you hope to resolve.


This alternative means of resolving disputes is the most formal means out of all the others. In the process of arbitration, the parties involved in the case, present the aforementioned case before a third party who is neutral to the case, and that third party is then required to make a decision. This method has been used to handle issues arising in both public as well as private sectors of the state.

This process is rather flexible and is much quicker than the court process. Also, less money is spent when the case is handled using the method of Arbitration. The arbitrator i.e. the neutral third party is usually selected by the parties involved and furthermore, those parties are allowed to dictate what happens, relating to some aspects involved in the arbitration process. Another good thing about Arbitration is that, more often than not, the Arbitrator is someone who has better knowledge and understanding of the particular subject involved in the case, than an ordinary judge would. Furthermore, they may be more flexible in their eventual judgement than a court judge.


Under this model, there is a voluntary participation in the arbitration process by the parties involved which may be determined by some sort of agreement which happened post-dispute.This agreement will usually have included, specific instructions as to how the arbitrator is to be selected and the criteria to be fulfilled. The manner in which the hearing is conducted, the rules which provision of evidence has to follow as well as the procedures involved in the hearing, are also predetermined. There are agencies who specialize in arbitration and can help people draw up these details perfectly well.


Normally, one of the parties involved, after deciding to handle the case using arbitration, then sends a letter to whoever else is involved, demanding arbitration. Included in this demand, usually, are descriptions of the parties involved, the manner of the dispute being settled as well as the type of compensation in view. After this is done, the second party now usually writes back and indicates whether or not they agree that the dispute which has been presented can be resolved by an arbitrator.

If the person decides that it can, then one can begin choosing an arbitrator, or in some cases, a whole panel of them. In many cases, the hearing occurs in the form of a normal trial. Which means it includes both openings as well as closing statements, witness accounts, and presenting documents as well. Rules of evidence may not be applicable, and there are limited opportunities for discovery and also, cross-examination.


Countrywide, there has been an increase in the use of arbitration, especially in the public sector. There are states which have legally encouraged critical employees of the general public, including the police, firefighters, and even teachers, to engage in the technique of arbitration during the final stages while they are engaged in a negotiation for collective benefits. Several states, as well as federal district courts, have made it so that court-annexed arbitration is now mandatory and is applicable to civil cases of some categories.

There are several differences one can outline between the traditional model of arbitration and the court-annexed one. The court-annexed form usually requires the parties involved to partake in the arbitration process rather than them doing it of their own volition.

If there is some dissatisfaction with the arbitration process, the parties can decide to go to court, however, if the outcome is not better or much different after the trial, some systems mandate that the parties involved pay a certain amount for court cost or fees for the arbitrator’s services. Not everyone likes to use arbitration, and with a good personal injury lawyer, you can be guaranteed a successful day in court. Get in touch with a fort worth personal injury lawyer today, and receive prompt and professional services.