Once a Kaiser medical malpractice claim is initiated, the OIA will send a list of neutral arbitrators to the parties. These arbitrators are randomly selected by the OIA, and the parties are expected to come to select a preferred arbitrator. The parties also have the option of selecting a neutral arbitrator who is not on the list.
If the parties cannot or will not agree on the arbitrator, the parties are permitted to remove four names from a list and rank the remaining arbitrators in order of preference. The OIA will then assign an arbitrator based on those rankings.
The selection of the neutral arbitrator is a vital step. You need an attorney who knows the rank and strike system, who the best neutral arbitrators are, and how to push your case through the Kaiser arbitration system. Although supposedly neutral, some arbitrators either favor Kaiser or historically tend to award less in damages.