Originally from Dispute Resolution Journal

As of this writing an arbitral solution to the medical malpractice problem has not been legislatively imposed. It is necessary, therefore, to turn to private contract if such matters are to be removed from the conventional tort system of litigation. Arbitration begins with and depends upon voluntary agreement. Absent am enforceable contract to submit a claim arising out of medical care for binding third-party determination, there is no right to invoke, and no power to compel, arbitration as a method of adjudication. The purpose of this article is to address the problems of securing effective consent to the arbitration term of a medical bargain.