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You may seek arbitration voluntarily if a malpractice dispute arises and you want to reach a settlement without formal court proceedings. Patients may find arbitration more appealing than a courtroom trial for several reasons.
Using Arbitration to Settle Medical Malpractice Claims Arbitration can result in quicker results because the parties are not bound by the deadlines and timelines of the court system. It can also be less costly for the parties to resolve a dispute using arbitration compared to litigating a malpractice case.
drafted clause will mitigate disputes risk Introduction. Scope of the arbitration agreement. Seat of the arbitration. Governing law of the arbitration agreement. Choice of rules. Language. Number and appointment of arbitrators. Specifying arbitrator characteristics.
If you laid out your case in a pre-hearing brief, the arbitrator has almost certainly read it and won't appreciate an oral repetition. If there were no pre-hearing briefs, keep your opening short, providing an ?executive summary of your case in chronological order without getting into the weeds.
In most medical malpractice cases, the victim can file a lawsuit in court and seek compensation for the injuries they have suffered. However, when there is a valid arbitration agreement between the healthcare provider and the victim, the dispute may be forced into arbitration instead.