UM/UIM disputes often proceed in the traditional tri-panel arbitration style or via a single arbitrator. Issues of liability, causation and damages are frequently arbitrated utilizing relaxed rules of evidence. Evidence submitted to the arbitrator and/or the panel may consist of witness statements, photographs/video, medical reports and records and deposition transcripts. The arbitration panel or arbitrator will render an award after the conclusion of the hearing.

Parties may choose from a variety of formats to resolve their dispute:

• Binding Arbitration: Sometimes referred to as simply ‘arbitration’, binding arbitration brings finality to a dispute because the arbitrator or arbitrators render a decision at the end of an arbitration hearing. Only in very limited circumstances is the decision of the arbitrator subject to review by the court.
• Tri-panel Arbitration: Parties agree to a panel of three arbitrators, with two party arbitrators and the third (independent) arbitrator selected from ADR Systems. Alternatively, all three arbitrators can be chosen from ADR Systems neutrals as an “independent panel”.

• Mediation: Mediation is a non-binding dispute resolution process in which a neutral person facilitates negotiations between parties to help them resolve their dispute. The parties select the mediator and agree upon the ground rules for the mediation. The process is usually voluntary, and the parties control the outcome. When the parties reach a settlement of their dispute, it is documented in a settlement agreement that is enforceable in court.

• Binding Mediation: In binding mediation, the parties first attempt to mediate the case, and if there are issues that remain unresolved, the parties agree that the mediator will render a decision on those issues. The parties may agree to use high/low parameters or a floor and ceiling to establish a range for the mediator’s decision.

Contact a case manager to further discuss the option best suited to your dispute.

Parties to an UM/UIM dispute enjoy various advantages when they arbitrate at ADR Systems.

• Faster Resolutions: Resolve disputes quickly with ADR Systems’ case managers conducting regular and frequent status emails for your case to keep it moving forward.
• Cost Savings: Avoid excessive expert witness costs by utilizing relaxed rules of evidence.

• Privacy/Confidentiality: Enjoy the benefits of privacy in arbitration and confidentiality in mediation.
• Greater Control: Parties and/or the party arbitrators select the neutral arbitrator in tri-panel arbitration eliminating random assignment.

• Preserved Relationships: Collegial atmosphere allows parties to maintain civility throughout the process.
• Experienced Neutrals: ADR Systems’ panel of neutrals consists of retired judges with decades of experience with the disputes before them and an ardent passion for resolving them.

Explore our Find A Neutral page to review the bios of mediators with experience mediating UM/UIM disputes.

Submit your UM/UIM case through our Neutral Availability Form or Contact Form.