Skip to Content

Mich. Comp. Laws Ann. § 600.2912g - Arbitration

Link to the law
This will open in a new window

Arbitration

 

If a medical malpractice claim involves damages of $75,000 or less, the parties may agree to resolve the claim in arbitration. The arbitration agreement must contain, at minimum, the means for selecting and paying an arbiter and waivers of the parties’ rights to trial and appeal. The arbitrator must conduct at least 1 prehearing telephone conference with the parties to discuss the exchange of information described below.

 

Michigan requires the arbitration of medical malpractice claims to “be summary in nature;” the parties may not conduct live testimony and the rules of discovery used in Michigan courts will generally not apply. However, parties must disclose and exchange all relevant medical records or authorize the disclosure of relevant medical records. The arbitrator’s final decision does not have to occur during a formal hearing, but must be written and state the factual basis for the decision. Any arbitration award is not subject to appeal.


Current as of June 2015