How Are Kaiser Arbitrators Selected?

To initiate the arbitration process, the claimant's attorney serves a demand for arbitration on the Office of the Independent Administrator (OIA) that oversees Kaiser arbitrations. The OIA then provides both the claimant’s and Kaiser’s defense attorneys with an identical list of prospective arbitrators. Each attorney independently ranks the arbitrators in order of preference. The OIA then reviews these rankings to identify the most mutually preferred arbitrator, who is subsequently appointed to the case. 

One concern regarding this selection method is that several listed arbitrators may possess limited experience in medical malpractice matters or show a tendency toward conservative decisions. Attorneys experienced with Kaiser arbitrations, and familiar with opposing counsel, will try to circumvent the standard OIA process by reaching a joint agreement on the appointment of a arbitrator who may not be on the OIA’s list.