Recently, the North Carolina Supreme Court took on the issue of whether an arbitration agreement can be enforced in a medical contract. Arbitration of disputes can be used to resolve medical malpractice issues out of court.Arbitrators decide the outcome of medical malpractice arbitration cases. These contracts may be an attractive concept to physicians, but those who use them must have an understanding of federal and state law. Proper arbitration clauses waive a medical malpractice victim's right to a jury trial.