Guam § 10108 - Selection of Arbitrators.

§ 10108. Selection of Arbitrators.

An arbitration under this Chapter shall be heard by a panel of three (3)

arbitrators. The chairperson shall be decided by the three (3) panel members

and shall have jurisdiction over pre-hearing procedures. The three (3) panel

members shall include an attorney, a physician, preferably but not

necessarily from the respondent's medical specialty, and the third shall be a

person who is neither a doctor, lawyer, or representative of a health care

institution or insurance company. A minimum of two (2) of the three (3)

panel members shall be residents of Guam.

(a) Except as otherwise provided in subsection (d), arbitrator

candidates shall be selected pursuant to the rules and procedures of the

Association from a pool of candidates generated by the Association. The

rules and procedures of the Association pertaining to a selection of

arbitrators under this chapter shall require that the Association send

simultaneously to each party an identical list of five (5) arbitrator candidates

in each of the three (3) categories together with a brief biographical

statement on each candidate. A party may strike from the list any name

which is unacceptable and shall number the remaining names in order of

preference. When the lists are returned to the Association they shall be

compared and the first mutually agreeable candidate in each category shall

be invited to serve.

(b) Where no mutually agreed upon arbitrator is selected for any

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CH. 10 MEDICAL M ALPRACTICE – MANDATORY ARBITRATION

category, a second list of that category shall be sent pursuant to subsection

(a).

(c) If a complete panel is not selected by mutual agreement of the

parties pursuant to subsections (a) and (b) then under the applicable rules

and procedures of the Association, the Association shall appoint the

remainder of the panel on whom agreement has not been reached by the

parties. The appointment by the Association shall be subject to challenge by

any party for cause which challenge may allege facts to establish that

unusual community or professional pressures will unreasonably influence

the objectivity of the panelists. A request to strike an arbitrator for cause

shall be determined by the regional director or comparable officer of the

Association.

(d) The parties shall not be restricted to the arbitrator candidates

submitted for consideration. If all parties mutually agree upon a panelist

within a designated category, the panelist shall be invited to serve.