The Cleveland Metropolitan Bar Journal published Kimberly Rathbone and Ana Zgela’s article “Wait – You Haven’t Used Arbitration Forums Yet?” in their February 2018 issue. The article explores how the alternative dispute resolution system of Arbitration Forums can be utilized by non-members to resolve subrogation damages claims. 

Rathbone and Zgela unpack the advantages of using Arbitration Forums as an alternative to subrogation litigation in certain cases, especially in insured subrogation claims. Arbitration Forums is a private company that offers extremely cost-effective subrogation claims resolution via a network of neutral arbitrators who are already knowledgeable in the claims process. 

Arbitration Forums Caters to Carrier Subrogation Needs

Founded in 1943, Arbitration Forums (AF) handles 1.7 million subrogation claims totaling over $11 billion each year. While AF’s subrogation and arbitration services are member-based, non-members can still use AF to find alternate routes to settling their insurance disputes outside the courtroom, provided they consent to the proper rules and agreements. 

Their forums are tailored specifically for insurance carriers to resolve claims and subrogation disputes without court involvement. This offers subrogees a streamlined, simple, and cost-effective subrogation process where the judgment is determined by a professional who is educated on subrogation and insurance law. 

AF is Often the Best Avenue for Alternate Dispute Resolution 

This is an advantage to pursuing subrogation arbitration through normal channels, where an arbitrator may or may not be familiar with this niche subfield of insurance law. AF’s forums allow carriers and counsel in subrogation claim disputes the best chance of fair recovery via educated decision making and cost minimization.

In fact, utilizing Arbitration Forums as a way to avoid the lengthy process of litigating a subrogation claim offers all parties numerous benefits:

Reduced Litigation Costs

Streamlined procedures, reduced discovery requirements, and an absence of formal court rules contribute to lower overall costs.

Faster Claim Resolution 

The simplified process and limited scope of discovery expedites the hearing and decision-making process, leading to faster claim settlements.

Increased Predictability 

Established rules and procedures all members of AF must agree to ensures that both parties know what to expect throughout the arbitration process.

Expertise of Arbitrators

Arbitrators are experienced insurance professionals who possess a deep understanding of subrogation issues. Their expertise contributes to fair and informed decisions.

Finality of Decisions/Settlements

Decisions are generally considered final and binding, eliminating the risk of protracted appeals and further delays in claim resolution.

Enhanced Relationships

Participation can foster positive relationships and cooperation among insurers, leading to more efficient and amicable resolution of future subrogation claims.

Reduced Risk of Adverse Precedent 

Subrogation disputes resolved through arbitration do not contribute to the body of case law, which can be beneficial in preventing the establishment of unfavorable precedents that could impact future subrogation claims.

Discover New Subrogation Strategies with Rathbone Group

To learn more about how non-members can take advantage of Arbitration Forums to avoid litigation in applicable subrogation cases, view Rathbone and Zgela’s article in the Cleveland Metropolitan Bar Journal archives.

If you would like to learn more about Arbitration Forums, you can also check out our YouTube series episode: On Subrogation: Arbitration Forums for Subrogation Claims, where Rathbone Group partner Jason Sullivan discusses the processes involved with alternative dispute resolutions and how Arbitration Forums can save carriers money by clearing a straight path to an equitable subrogation settlement.Interested in other subrogation topics in insurance law? Visit our Education page to find links to our YouTube channel and podcast library, On Subrogation, where we help educate carriers and other subrogation professionals on the most effective ways to maximize client recovery while minimizing cost, even in the toughest of circumstances.

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