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Arbitration may be used to settle an insurance dispute between an insurance provider and a policyholder. Instead of filing a lawsuit, the insurer and the policyholder both present their case to the arbitrator. The arbitrator reviews the facts and comes to a decision about how to resolve the dispute.
A mandatory arbitration agreement should identify the rules, procedures, and evidentiary guidelines to be applied. Many agreements opt for a particular forum's rules and procedures. If there are any rules that the parties want to opt out of (e.g., a limitation on discovery), state as much in the arbitration agreement.
Arbitration Clause an alternative dispute resolution clause in a contract that requires the parties to resolve disputes arising out of or concerning the contract through arbitration as opposed to mediation or litigation.
Most car insurance policies let you resolve your dispute through an out-of-court process called arbitration. Less formal than a courtroom trial, arbitration is a legal proceeding where you and the insurance company present information about your claim to a neutral referee, known as an arbitrator.
The arbitrator's final decision on the case is called the award. This is like a judge's or jury's decision in a court case. Once the arbitrator decides that all of the parties' evidence and arguments have been presented, the arbitrator will close the hearings. This means no more evidence or arguments will be allowed.