Knecht Medical Arbitration Agreement | FAQs
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FAQs

What is arbitration?

Simply a forum to resolve disputes between the parties.

Do the courts favor arbitration?

Absolutely.

Do parties have the right to choose arbitration over a jury trial in court?

Under the state and federal constitutions, absolutely.

Who decides the case in arbitration?

Traditionally, three arbitrators.

Who chooses the arbitrators?

Traditionally:

 

  • You choose an arbitrator.
  • Other side chooses an arbitrator.
  • These two choose third or chief arbitrator.

What is the legal basis for arbitration?

Generally, arbitration is based on either:

 

  • A written agreement or contract between the parties.
  • A state or federal statute.

Who can serve as an arbitrator?

Traditionally:

 

  • Attorneys.
  • Administrative law judges.

Under the Knecht Medical Arbitration Agreement, who are the arbitrators?

Three physicians in your area of expertise.

How can a physician decide a medical malpractice claim against another physician?

For the same reasons a lawyer can serve as an arbitrator and decide a legal malpractice claim against another lawyer–e.g., lawyers have been judging other lawyers over attorney’s fees and legal malpractice claims since the beginning of jurisprudence.