I have been helping  people with serious injuries select a lawyer. Recently, I have had a number of requests for advice in making a choice to arbitrate or go to trial with a serious injury case. I will begin by answering a few frequently answered questions.

What is the major benefit of binding arbitration over the right to go to court?
Finality and simplicity and speed, if handled correctly. It is possible to select an arbitrator who has had experience with serious injury cases.

What are the major drawbacks of binding arbitration?
Occasional partiality by a party-selected arbitrator. In three-person arbitrations, unduly lengthening the process either by the arbitration agreement or by tactical maneuvers.

Is there any particular presentation style used by attorneys in an arbitration that is more effective than others?
The same qualities that make lawyers good advocates in civil trials – organization of materials, brevity of presentation, and simplicity of language.

Are visual aids effective?
It depends on the case and upon the person presenting the case. Some of the best visual aids I have used are the most simple. I recall an orthopedist testifying about the dynamics of a herniated disc. He reached in his pocket and pulled out a plastic model of a spinal cord. In about seven to 10 minutes, he explained what a disc was, the cause of its herniation, and the methods of surgical and non-surgical rehabilitation. Simple visual aids are good in explaining brain, burn and spinal cord injuries.

Are summations important and what style is the most persuasive?
I prefer written summations after a lengthy arbitration in a serious injury case. There are cases where an oral presentation can be effective.

What words of wisdom are there for an attorney who had never arbitrated a case before?
Contrary to what others may tell you, there is no mystique or magic involved in the arbitration process. You need the same qualities of organization, preparation, and good presentation you need in every trial-type proceeding.

A seriously injured person or his or her family can benefit from arbitration if the advantages and disadvantages are spelled out before arbitration is selected. A lawyer experienced and skilled in presenting a case to arbitration is essential.