Arbitration Agreement With Physician In Ohio
Description
Form popularity
FAQ
Ohio has a public policy favoring the enforcement of arbitration provisions in contracts and ORC 2711.01(A) provides that such provisions will be enforced unless grounds exist in law or equity for revocation of the contract.
State laws allow a health care provider to establish a system in which any disputes regarding negligence or medical malpractice must be decided by the legal procedure of arbitration, instead of through our court system.
Arbitration might be the right choice for some cases. Limited discovery rights and costs might be useful when less is at stake. Arbitration might feel less adversarial, which could be an advantage where ongoing relationships are hoped to be preserved. Arbitration lends some confidentiality.
While you technically have the choice not to sign an arbitration agreement that appears to be skewed more to your employer's benefit, the employer can simply rescind its offer of employment if you refuse to sign.
If the arbitration is mandatory and binding, the parties waive their rights to use the court system and have a judge or jury decide the case. If the arbitrator's award is unfair or illogical, a consumer may well be stuck with it without a chance for recourse.
If the defendant doesn't show up, and no valid reason is given for his/her absence, the arbitrator will hear the plaintiff's claim and make a decision based on the plaintiff's evidence in the defendant's absence.
Opting out of the arbitration agreement isn't damaging to you. You can always do arbitration if you would prefer that, although if you'd like to join class actions or sue the judge will throw out your case if you are still in this agreement.
Usually such agreements provide that you have no right to go outside the arbitration system and present your claims to the public courts. In forced arbitration situations, your job may depend on accepting such a provision: your only other choice is to not take the job.
