How Are Arbitrators Selected in Las Vegas, Court Mandated, Arbitration Personal Injury Actions?

The Nevada Arbitration Rules (“NAR”) govern arbitrations in Clark County, Nevada. Rule 6 describes how an arbitrator is actually selected in your personal injury case. First, the arbitration commissioner gives both parties identical lists of 5 arbitrators. These 5 arbitrators are randomly chosen from the arbitration commissioner’s global list of approved arbitrators in Las Vegas.

Each party only has 10 days to strike up to 2 arbitrators on the list. If both sides strike 2 different arbitrators each, then the remaining fifth arbitrator will be the arbitrator that decides your case. If both parties have stricken the same arbitrators on the 5 person list, then the arbitration commissioner will randomly pick an arbitrator from the remaining names.
 
It is important to note that the parties are able to bypass this 5 arbitrator list if they choose to do so. This is done by the parties jointly selecting an arbitrator from the arbitration commissioner’s global list or a private arbitrator. If this is done, the willing arbitrator must submit an affidavit to the arbitration commissioner, stating that they have agreed to arbitrate the case and will comply with Nevada’s arbitration rules.
 
Next time, we will discuss getting a rental car after you have been in a Las Vegas car accident.