The Alternative Dispute Resolution Process: Getting Through Arbitration...

The alternative dispute resolution process can be tricky. Arbitration isn't always an option. It only applies to certain types of cases.

Sometimes, an insurance policy will require arbitration. Check your own policy to see if there's a stipulation that allows you to seek arbitration dispute resolution. The kinds of cases that utilize the alternative dispute resolution process of arbitration are usually those that involve Underinsured drivers or Uninsured drivers.

Your insurance company won't always be willing to make up the difference between their personal injury settlement offer and what you feel is deserved, so things will be left up to the arbitrator.

There are cases where the insurance company claims that the coverage has lapsed, or that the particular accident you were involved in isn't covered. If that's the case, you won't likely wind up in arbitration at all.

Those are special situations where both parties have to agree to the process of arbitration in writing. Generally speaking, the insurer has nothing to gain and everything to lose from that process.

The costs of legal arbitration will be split evenly between both parties. Sometimes the person initiating the process needs to pay their half upfront, so you may want to check this before filing. To file for arbitration (once you know your case qualifies) you'll just write a letter stating it.

Send the letter to your injury claim adjuster in the format of a demand letter, but not necessarily as formal. Your demand is not for an amount, but for an arbitration. It won't detail the accident or make any arguments. All you're doing is stating that the accident happened, where it happened and who was involved.

Before starting the alternative dispute resolution of arbitration you'll be asked to select an arbitrator. You and the insurance company will be given a list of arbitrators and you'll both choose a few names. Then the arbitration association will match you up with someone from your choices.

This is done to make things fair, especially since the insurer will have more experience in the matter than you. The last thing you want is to have an arbitrator selected who already has a good history with the insurer.

The arbitrator will probably be chosen from a list of practicing lawyers experienced in settling disputes in your type of case. One thing you'll want to do is find out what kind of law they practice and what kinds of cases they've tried. A call to their office should do the trick.

The legal arbitration hearing can take place anywhere. If the arbitration association has offices near you, then that's likely where you'll end up. Keep in mind that you have the right to have the hearing in your county. They can't set up a meeting at a location where you have to travel an unreasonable distance.