Maine Agreement to Arbitrate Malpractice Claim of Clinic Offering Neurointegration Therapy

State:
Multi-State
Control #:
US-01817BG
Format:
Word
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Description

Arbitration is a process in which the disputing parties choose a neutral third person, or arbitrator, who hears both sides of the dispute and then renders a decision. The big difference between mediation and arbitration is that a mediator helps the parties to fashion their own settlement, while an arbitrator decides the issue. An arbitrator is more like a judge than a mediator. The parties go into arbitration knowing that they will be bound by the decision. Arbitration is unlike litigation in that the parties choose the arbitrator, the proceedings are conducted in a private manner, and the rules of evidence and procedure are informal. Also, in arbitration, the arbitrators tend to be experts in the issues they are called on to decide. Arbitration has been the widest used ADR process in the business world, and would be especially desirable where the parties do not want to litigate an issue, but do want a binding decision. They can go into arbitration knowing that they can get a quick and relatively inexpensive decision, by which they agree they will be bound.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

In Luden's, the court held that an arbitration clause may survive the expiration of a CBA unless the parties did not intend the provision to survive or if either party manifested to the other a particularized intent to disavow or repudiate the term.

However, binding arbitration is legally enforceable. Violation of these agreements can lead to legal penalties. These may include an order of contempt, an injunction or monetary damages. If the violation is severe, it may lead to a lawsuit in court.

In some instances, you may be able to sue if you signed a valid arbitration agreement. While courts generally favor arbitration agreements, they will allow you to file a lawsuit if either you didn't understand your rights or your claims fall outside the arbitration provision's scope.

First, any valid arbitration agreement must reflect the conscious, mutual and free will of the parties to resort to arbitration and not to other means of dispute resolution, including State courts. The consent of both parties to submit their dispute to arbitration is the cornerstone of arbitration.

When you sign a healthcare arbitration agreement when seeking medical care from a hospital or physician, you waive your right to file a malpractice lawsuit. Instead, you will submit any claim against the medical provider to an arbitrator for determination.

The essentials of arbitration agreement include a genuine dispute, a written agreement, parties' intent to arbitrate and their signatures. These essential conditions of an arbitration agreement help to define its validity.

In arbitration, the parties agree to use an arbitrator or arbitration panel, as opposed to a judge or jury, to decide the outcome of their cases. More succinctly, arbitration is an alternative process for reaching a verdict in a case that is determined on its facts and merits.

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Maine Agreement to Arbitrate Malpractice Claim of Clinic Offering Neurointegration Therapy