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Mandatory Binding Arbitration

By Carrie N. Lowe

In the medical malpractice arena, the decision whether or not to arbitrate a case is an important one. Going through the arbitration process and allowing the case to be determined by an arbitrator or an arbitration panel, rather than trying the case and allowing the outcome to be determined by a civil jury, can have advantages and disadvantages to both the physician and the patient.

Arbitration has been widely accepted as an enforceable alternative to the civil justice system for decades. In fact, the Federal Arbitration Act (FAA) was signed into law by President Calvin Coolidge, way back in 1925. See 9 U.S.C.A. ” 1-14. Now, 83 years later, issues surrounding arbitration are still being hotly debated in both the legislature and the highest courts in the land. Currently pending before Congress is the Arbitration Fairness Act of 2007, introduced by Sen. Russell Feingold (D'WI). In order to fully understand the debate over the arbitration process, it is important to first analyze the potential advantages and disadvantages that arbitration has versus the civil court system.

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