Commonly Asked Questions
About Dispute Resolution

What should I do if I think I have been injured by the care I received?
First, get in touch with your doctor or clinic manager to tell them about your concern, ask questions and get answers to your questions. Talking with your doctor or clinic manager helps open the door to finding solutions to your concerns. Simply talking and getting your questions answered resolves most situations.

How does mediation help resolve my problem?
A second option is to use mediation. Mediation means that you and your provider choose a third person from a court-approved list of medical malpractice mediators to help facilitate a resolution. The mediation process usually takes one day. You can choose to hire an attorney to help you through mediation.

If we can't agree how to work out a resolution to the problem through mediation, what then?
Arbitration is a way to resolve differences without going to court. In arbitration, three trained experts hear your concerns and decide whether there was malpractice and, if appropriate, how much of a dollar award should be granted. An attorney may represent you.

Why arbitration?

• Time. When you take the matter to court, it sometimes takes years before a judge or jury gives you an answer. With arbitration, you'll get an answer much sooner.
• Money. Arbitration doesn't limit how much money you could get if you were injured by mistake. In fact, you could get just as much with arbitration as you could from a jury. You likely would keep more of it too, since the costs of arbitration are usually considerably less than costs of a court trial.
• Privacy. When you use arbitration, you can choose who gets to see your medical records. If you were in a court trial, those records would be open to anyone who wants to see them.

What will it cost me to go through mediation or arbitration?
In the mediation process, you and your provider agree upon the mediator's compensation rate, which you both would share equally. You and your provider would select a mediator from a court-approved list of medical malpractice mediators. Mediation can typically be resolved in a one-day process.

In arbitration, three experts are selected to hear the case. You pick one person and pay for that person's costs. We pick one and pay for his or her costs. Together we pick a third, neutral person and we share that person's costs. If for some reason, we cannot agree on who the third arbitrator should be, the two arbitrators who we previously selected will pick the third arbitrator. The complexity of the case determines how long the arbitration process will last, but in many cases it can be resolved in one or two days.

By signing the Dispute Resolution Agreement can I still have my dispute taken to a jury trial?
If you voluntarily choose to sign the Dispute Resolution Agreement, any claims will be resolved through one of the dispute resolution process options rather than through a judge or jury.

If I go to arbitration and I'm not happy with the result, can I then ask a court to make a decision?
No. When you use arbitration, any decision the three people on the panel make is final.

Can I choose a lawyer as the person who speaks for me during dispute resolution?
Yes. You may also decide to present your own case without a lawyer. If you want to hire a lawyer, you and your lawyer decide how he or she will be paid. Some lawyers may take your case without getting paid first, but expect you to give them part of any award you may get. Other lawyers might possibly ask you to pay them for each hour they work.

If I don't sign the Dispute Resolution Agreement can I still get the care I came in for?
The Dispute Resolution Agreement is voluntary. You do not have to sign the form to see a doctor or receive care.

Can I change the form by changing the words I don't like?
No. The agreement must be left like it is.

Do I have to sign the Dispute Resolution Agreement each time I am seen?
No. Once you sign a Dispute Resolution Agreement we will keep it with your records. As long as you don't cancel it, the form will apply to any care you get from an Intermountain Medical Group doctor or hospital now and in the future.

Is it true that I can rescind the Dispute Resolution Agreement if I send you a written letter before 10 days is up?
Yes. Consistent with Utah law, you have 10 days after you sign to send us a letter telling us that you want to rescind the Dispute Resolution Agreement. Mail the letter to the same office where you signed the form, or to the P.O. Box on the back of the form. You may also cancel the agreement after the 10 days are up, in which case the termination will take affect on the one-year anniversary of your signing the agreement, based on Utah law.