The Knecht Medical Arbitration Agreement
The Simple Solution to a Complex Problem - Knecht Medical Arbritation Agreement

FAQ's

Q. What is arbitration?
A. Simply a forum to resolve disputes between the parties. 
   
Q. Do the courts favor arbitration?
A. Absolutely.
   
Q. Do parties have the right to choose arbitration over a jury trial in court?
A. Under the state and federal constitutions, absolutely.
   
Q. Who decides the case in arbitration?
A. Traditionally, three arbitrators.
   
Q. Who chooses the arbitrators?
A. Traditionally:
  • You choose an arbitrator.
  • Other side chooses an arbitrator.
  • These two choose third or chief arbitrator.
   
Q.

What is the legal basis for arbitration?
A. Generally, arbitration is based on either:
  • A written agreement or contract between the parties.
  • A state or federal statute.
   
Q. Who can serve as an arbitrator?
A. Traditionally:
  • Attorneys.
  • Administrative law judges.
   
Q.

Under the Knecht Medical Arbitration Agreement, who are the arbitrators?
A. Three physicians in your area of expertise.
   
Q. How can a physician decide a medical malpractice claim against another physician?
A. For the same reasons a lawyer can serve as an arbitrator and decide a legal malpractice claim against another lawyer–e.g., lawyers have been judging other lawyers over attorney’s fees and legal malpractice claims since the beginning of jurisprudence.

 
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