Agreement Arbitration Document For Medical Malpractice In King
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FAQ
Disadvantages of med-arb There is a risk that an arbitrator's impartiality may be affected by overseeing a facilitative mediation. It may be difficult for an arbitrator not to be influenced by supposedly "without prejudice" disclosures or proposals made by the parties during the course of settlement negotiations.
Instead of a judge or a jury deciding the outcome, a private arbitrator (or panel of three arbitrators) determines: whether the patient has proven that the health care professional committed medical malpractice, and if so, how much compensation ("medical malpractice damages") the patient should receive.
Many surgeons use an arbitration clause. This does not mean you give up any rights but rather than going to court your case would go to an arbitration panel. It's actually better for you because you wouldn't have to go to court and face a jury if there is a dispute.
Med-Arb is a hybrid, two-stage Alternative Dispute Resolution (ADR) process to resolve commercial disputes and has been recognized as a preferred mode for resolving wide range of commercial disputes.
The term alternative dispute resolution (ADR) means any procedure, agreed to by the parties of a dispute, in which they use the services of a neutral party to assist them in reaching agreement and avoiding litigation.
In a mediation process, a neutral, trained mediator works to help disputants come to a consensus on their own. In arbitration, a neutral, trained arbitrator serves as a judge who is responsible for resolving the dispute.
There are typically seven stages of the arbitration process: Claimant Files a Claim. Respondent Submits Answer. Parties Select Arbitrators. Parties Attend Initial Prehearing Conference. Parties Exchange Discovery. Parties Attend Hearings. Arbitrators Deliberate and Render Award.