Georgia § 9-9-62 - Petition for arbitration; arbitration order and appointment of referee; conditions precedent to enforceability.

§ 9-9-62. Petition for arbitration; arbitration order and appointment of referee; conditions precedent to enforceability.

If the parties to a medical malpractice claim agree in writing to arbitrate the claim pursuant to this article, they shall file a petition in the superior court of the county where any party resides for an order authorizing the arbitration of the claim in accordance with this article and for the appointment of a referee for the arbitration. If the judge determines that the claim is a medical malpractice claim subject to this article, within 30 days of the filing of the petition for such order he shall issue an order authorizing the arbitration and appointing a referee. However, no agreement to arbitrate shall be enforceable unless the agreement was made subsequent to the alleged malpractice and after a dispute or controversy has occurred and unless the claimant is represented by an attorney at law at the time the agreement is entered into. (Code 1933, § 7-403, enacted by Ga. L. 1978, p. 2270, § 2; Code 1981, § 9-9-112; Code 1981, § 9-9-62 , as redesignated by Ga. L. 1988, p. 903, § 3.) Code Commission notes. - Pursuant to Code Section 28-9-5, in 1988, "article" was substituted for "part" twice in the first sentence and once in the second sentence of the Code section.