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Commonly Asked Questions about Physician patient arbitration agreement Order Forms

What is the purpose of an arbitration agreement?

Arbitration is a way of resolving a dispute without filing a lawsuit and going to court. The arbitration process is similar to the proceedings in a court case: the parties may have lawyers, they exchange information, and there is a hearing where they question witnesses and present their cases.

What forms which an arbitration agreement might take?

An arbitration agreement must be in writing, either in the form of an arbitral clause in a contract or in the form of a separate agreement.

What does signing an arbitration agreement mean?

Arbitration agreements require that persons who signed them resolve any disputes by binding arbitration, rather than in court before a judge and/or jury. What is binding arbitration? Binding arbitration involves the submission of a dispute to a neutral party who hears the case and makes a decision.

What care must be taken while drafting an arbitration agreement?

It is important to be clear what the governing law of the arbitration agreement is since this will determine its validity and effect. The main contract should have a governing law clause in any event and this will usually apply also to the arbitration agreement.

How to draft an arbitration agreement?

Drafting the perfect arbitration agreement Clear and precise language. Clarity and brevity are key to avoiding an unenforceable arbitration clause and the costs and delays that follow. Scope. Seat of arbitration. Governing law. Arbitral Rules. Language. Arbitrators. Other common issues.

Should you agree to an arbitration agreement?

Arbitration might be the right choice for some cases. Limited discovery rights and costs might be useful when less is at stake. Arbitration might feel less adversarial, which could be an advantage where ongoing relationships are hoped to be preserved. Arbitration lends some confidentiality.

What is a patient arbitration agreement?

The Patient-Physician Arbitration Agreement is an agreement between you and your doctor to resolve disputes without going to court. You should read this booklet carefully before deciding whether or not to sign the Agreement, which is found at the end of this booklet.