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Author: Curtis Brown
Arbitration is a fast-growing method of dispute resolution both in the U.S. and internationally. In the past, some placed arbitration on a lower plane than courtroom justice. However, arbitration law, processes and procedures have evolved, and today arbitration rests on a solid legal foundation
Arbitration offers numerous advantages over lengthy and expensive lawsuits, and it is worthwhile to consider these advantages when deciding how to resolve health claims and healthcare billing disputes.
1. Control
Parties with health claims have a great deal of control over the arbitration process. In their arbitration agreement, parties can select an organization to administer the arbitration, choose the rules that best meet their needs, and include procedures of their own design, including that the arbitrator should apply the substantive law, discovery procedures, costs and timelines. In the best scenario, parties should be able to select the arbitrator who will decide the case and to reject arbitrators who are potentially biased.
2. Efficiency
Properly administered, the arbitration of health claims and billing disputes is a much quicker process than litigation. Even simple billing disputes can take more than two years when they proceed to trial in court. In contrast, arbitration tends to be a relatively quick solution. The filing documents are simple, rules are fewer and easier to understand, hearings are easily scheduled, and awards are issued promptly. Discovery is available and is not the prolonged ordeal it can be in litigation. The arbitrator
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