Arbitrator
Definition
An arbitrator is a neutral third party selected to hear and decide disputes outside of the traditional court system. Arbitrators function similarly to judges—they review evidence, hear testimony, and render decisions—but operate in a private setting rather than a public courtroom. Organizations like the American Arbitration Association (AAA) maintain rosters of qualified arbitrators for various types of disputes.
How It’s Used in Personal Injury Cases
In personal injury arbitrations, the arbitrator is typically selected through mutual agreement between the parties or according to procedures specified in an insurance policy or contract. Many arbitrators are retired judges or experienced attorneys with backgrounds in personal injury law. The number of arbitrators can vary—some disputes use a single arbitrator while others use a panel of three. The arbitrator’s experience and expertise significantly impact how the case is evaluated.
Practical Example
When Robert’s uninsured motorist claim couldn’t be settled through negotiation, his insurance policy required arbitration. Both Robert’s attorney and the insurance company selected one arbitrator each, and those two arbitrators chose a third neutral arbitrator to chair the panel. This three-arbitrator panel heard evidence about Robert’s injuries and issued a majority decision on his compensation.
Why It Matters to Your Case
The arbitrator’s background and perspective directly influence your case outcome. Selecting an arbitrator with experience in personal injury matters—particularly one who has handled both plaintiff and defense cases—can lead to more balanced decisions. Understanding the selection process and researching potential arbitrators’ track records helps ensure fair treatment of your claim.
Key Takeaway
An arbitrator serves as a private judge who decides your dispute—choosing one with relevant experience and a balanced perspective can significantly impact your case outcome.