About Arbitration

Arbitration is an alternative method to resolution of a medical liability claim by a patient, family, or estate against a physician care provider. Arbitration is endorsed by the Utah Supreme Court and the Utah Legislature as a legal alternative to litigation in the courts. The Legislature enacted the Utah Arbitration Act in 1985 which provided “a written agreement to submit any existing or future controversy to arbitration is valid, enforceable, and irrevocable.” In 1999 the Utah Supreme Court ruled in Sousa vs. Paulos as follows: “We emphasize…that arbitration agreements are favored in Utah and that no public policy requires such agreements to be subjected to different analysis when they are between physicians and patients. They are enforceable if they meet the standards applicable to all contracts.”

UMIA implemented its arbitration program for insured physicians in May, 1999 and it continues presently with some legislatively mandated changes in the law occurring in 2004.