Arbitration

In simple terms, the following agreement is about what happens if there is a disagreement or conflict between a physical therapist and their client. If they can't resolve the issue by talking directly, they agree to try mediation first. Mediation is a process where a neutral person helps both sides reach a compromise.

If mediation doesn't work, they agree to use arbitration. Arbitration is like a more formal version of mediation where an arbitrator makes a decision that both parties have to follow. The arbitrator is chosen by the American Arbitration Association.

The agreement says that if the dispute is small (less than $200,000), there will be one arbitrator. If it's a big dispute, there will be three arbitrators, one chosen by each party and a third chosen by the first two or by the American Arbitration Association.

The arbitration will take place in Largo, Florida, and it will follow the laws of the State of Florida.

During the arbitration process, both sides have to share any relevant documents if the other party asks for them. But there won't be any other type of investigation or questioning allowed.

The arbitration process should happen quickly. The hearings will take place within 90 days of filing the claim, and the decision will be made within 120 days.

The arbitrators can only award damages that are directly related to the harm suffered by the winning party. They can't give extra money for punishment, unless the law requires it. The winning party can ask for reasonable attorney fees to be paid by the losing party.

Both parties agree not to talk about the arbitration or share any information about it unless they both agree in writing.

If one party doesn't pay their share of the arbitration costs, they may lose the right to present evidence or question witnesses. In that case, the other party can still present their side, and the arbitrator will make a decision based on the available information. However, the non-paying party won't automatically lose the case just because they didn't pay.

Please note that the provided explanation is a simplified interpretation and it's important to consult the following document and legal professionals for a comprehensive understanding.

Rejuvenate Physical Therapy Arbitration Agreement

If a dispute arises from or relates to this physical therapy engagement, and if the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Healthcare Payor Provider Mediation Procedures before resorting to arbitration.

The parties further agree that any unresolved controversy or claim arising out of or relating to this physical therapy engagement, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Healthcare Payor Provider Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Claims shall be heard by a single arbitrator, unless the claim amount exceeds 200,000 dollars. Within 15 days after the commencement of arbitration, each party shall select one person to act as arbitrator and the two selected shall select a third arbitrator within ten days of their appointment. If the arbitrators selected by the parties are unable or fail to agree upon the third arbitrator, the third arbitrator shall be selected by the American Arbitration Association.

The place of arbitration shall be Largo, Florida. The arbitration shall be governed by the laws of the State of Florida.

Each party will, upon written request of the other party, promptly provide the other with copies of all relevant documents. There shall be no other discovery allowed.

Time is of the essence for any arbitration under this agreement and arbitration hearings shall take place within 90 days of filing and awards rendered within 120 days.

Arbitrator(s) shall agree to these limits prior to accepting appointment. The arbitrators will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. The prevailing party shall be entitled to an award of reasonable attorney fees.

Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.

The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence or cross-examine witness. In such event, the other party shall be required to present evidence and legal argument as the arbitrator(s) may require for the making of an award. Such waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above.

To learn more about arbitration visit: https://www.aaaicdrfoundation.org/