Georgia Arbitration Agreement for Medical Malpractice
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FAQ
This law provides that arbitration agreements are generally valid and enforceable. The major exception to this provision is that the arbitration agreement is not enforceable if it violates the general law of contracts - which applies to all contracts under the law of the state that governs the agreement.
If an employee can show some substantial relationship between the fraud committed or the misrepresentation made by the employer and the arbitration agreement, a court will void the agreement.
An arbitration agreement is a legally binding contract that offers an alternate dispute resolution between two parties or more. Arbiration agreements provide an alternative to civil court litigation. Parties sign an arbitration agreement and enter into a process known as arbitration if a dispute arises.
In Georgia, all arbitration is non-binding. This means that the arbitration decision is not binding if either party may demands a trial within a specified period.
To enforce the right to arbitrate, the party must then file a motion to stay the lawsuit in favor of arbitration. If both parties to the agreement ignore the right to arbitrate, the right is waived.
An arbitration clause can be either binding or nonbinding. A binding arbitration clause means that the arbitrator's decision on a specific dispute will be final. The courts will enforce that decision, and neither party can appeal or fail to act according to the decision.
1 Arbitration agreements for medical malpractice are written contracts between health care providers and patients in which both agree to arbitrate any dispute or claim arising from the medical care provided to the patient by the health care provider.
The arbitration agreement is valid only if signed by parties with full civil act capacity, and such parties must be competent, specifically: (i) A person with full civil act capacity is at least 18 years old and does not lose or limit her/his civil act capacity or difficulties in perception, mastery of acts.
Under the Armendariz standards, an arbitration agreement will not be enforced in California if it is both "procedurally unconscionable" and "substantively unconscionable." Any arbitration agreement required as a condition of employment (i.e., any mandatory arbitration agreement) is automatically considered procedurally
Agreement, arbitration: An arrangement in which the patient waives the right to sue the physician and, instead, agrees to submit any dispute to arbitration. Arbitration agreements are legal and binding.