Advantages of Arbitration

At parties convenience: much more flexibility in scheduling an arbitration hearing than a trial for both the physician and patient

Discovery easier: rules of evidence persist, but the environment at an arbitration is much more relaxed and less contentious than a courtroom

Arbitrators expertise: arbitrators chosen by the patient and physician will be knowledgeable in medical issues involved and are more likely to better sort out the facts and important issues than a jury

Months to resolve: a claim moving through arbitration can be resolved in much shorter time frame, usually months, than the conventional journey through the judicial system, an advantage for both patients and physicians

Hearing takes hours: an arbitration hearing takes usually only a day, opposed to days or weeks for a jury trial

Physician attends: all parties to the dispute attend, but it usually only takes one day

Expert testimony: expert testimony is presented as needed to assist arbiters in making a fair decision

Less formal, more flexible: because it is not a formal court hearing, the process is much friendlier, relaxed and flexible

Less stress for patients, families, and all others involved

Confidential: arbitration hearings are not public like jury trials

Emotion and misleading arguments less effective: because the arbitrators are knowledgeable in medical matters, they are less likely to be persuaded by spurious and emotional arguments

Likely more predictable and reasonable: outcomes are more likely to be fair to all parties because of the arbitrator’s expertise

Limited grounds for appeal: arbitration is binding, so an appeal is only possible under very restricted conditions

Other physicians may be covered under a signed arbitration agreement: any physician who is named along with a physician who has a signed arbitration agreement may opt to be covered by the signed agreement. An anesthesiologist, as an example, can be covered by arbitration under an agreement signed by the surgeon.