What is the difference between a medical malpractice agreement and an arbitration proceeding?

California, United States of America


The following excerpt is from Helzel v. Superior Court, 123 Cal.App.3d 652, 176 Cal.Rptr. 740 (Cal. App. 1981):

The choice is between a procedure which could result in unnecessary litigation and a procedure which could result in unnecessary arbitration proceedings. The latter choice, under the circumstances of this case, is more compatible both with this state's policy of encouraging arbitration as an alternative to the judicial resolution of disputes (Madden v. Kaiser Foundation Hospitals (1976) 17 Cal.3d 699, 706, 131 Cal.Rptr. 882, 552 P.2d 1178), and with the tenor of the agreement between these parties.

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