Arbitration has become an increasingly popular method for resolving medical malpractice disputes, offering a less formal and often more efficient alternative to traditional litigation. When opting for a three-member arbitration panel, the selection of party arbitrators is a critical step that can significantly impact the outcome of the case. Here’s a guide to help you choose the right party arbitrator for your medical malpractice arbitration.
Understanding the Role of Party Arbitrators
In a three-member arbitration panel, each party (the claimant and the respondent) selects one arbitrator. These party-appointed arbitrators then jointly select a third arbitrator, who serves as the panel’s chair. The party arbitrators play a dual role: they represent the interests of the appointing party while maintaining impartiality to ensure a fair and balanced resolution.
Key Considerations in Choosing a Party Arbitrator
Expertise in Medical Malpractice:
- Medical Knowledge: Ensure the arbitrator has a robust understanding of medical terminology, procedures, and standards of care. This knowledge is crucial for comprehending the nuances of the case.
- Legal Proficiency: The arbitrator should be well-versed in medical malpractice law and familiar with relevant statutes, case law, and procedural rules.
Experience in Arbitration:
- Track Record: Look for an arbitrator with a proven track record in handling medical malpractice arbitrations. Their experience can provide insights into the process and potential outcomes.
- Reputation: Research the arbitrator’s reputation among peers and previous parties. Positive feedback and respect in the field are good indicators of competence and fairness.
Impartiality and Fairness:
- Neutrality: Even though the arbitrator is party-appointed, they must be able to approach the case with impartiality. Assess their ability to balance advocacy with fairness.
- Conflict of Interest: Ensure there are no conflicts of interest that could compromise their neutrality. This includes financial interests, personal relationships, or prior involvements with either party.
Communication Skills:
- Clarity: The arbitrator should be able to articulate complex medical and legal concepts clearly. This is essential for effective communication with other panel members and for drafting comprehensible awards.
- Listening Ability: A good arbitrator listens attentively to all arguments and evidence presented, demonstrating an open-minded approach to the case.
Decision-Making Style:
- Analytical Thinking: Choose an arbitrator with strong analytical skills who can dissect intricate details and make well-reasoned decisions.
- Consensus Building: In a panel, the ability to work collaboratively and build consensus is vital. An arbitrator who can facilitate discussions and bridge differences is valuable.
Professionalism and Integrity:
- Ethical Standards: Ensure the arbitrator adheres to high ethical standards and demonstrates integrity throughout the arbitration process.
- Respectfulness: The arbitrator should treat all parties with respect, fostering a professional and courteous arbitration environment.
Steps to Select the Right Arbitrator
Create a Shortlist:
- Identify potential arbitrators with relevant expertise and experience. Use professional directories, referrals, and arbitration institutions to compile a list.
Conduct Interviews:
- Interview the shortlisted candidates to assess their suitability. Discuss their approach to arbitration, their understanding of the medical and legal issues, and their experience with similar cases.
Review Backgrounds:
- Thoroughly review the candidates’ backgrounds for any potential conflicts of interest or red flags. Check their previous arbitration awards and feedback from past cases.
Evaluate Compatibility:
- Consider the arbitrator’s compatibility with your case strategy and the overall dynamic of the arbitration panel. A good fit can enhance the effectiveness of the process.
Conclusion
Selecting the right party arbitrator is a crucial decision that can influence the trajectory and outcome of a medical malpractice arbitration. By prioritizing expertise, experience, impartiality, and professionalism, you can choose an arbitrator who will contribute to a fair, efficient, and just resolution of your case. Remember, a well-chosen arbitrator not only advocates for your interests but also upholds the integrity of the arbitration process.