Arbitration

At any time prior to an administrative hearing on disputed issues in your case, you may choose to participate in arbitration. Arbitration is a process of dispute resolution which is voluntary, must be agreed to by all the parties in the case, and is conducted by an Administrative Law Judge of the parties’ choice or in accordance with arbitration procedures provided by the Colorado Rules of Civil Procedure. If you do participate in arbitration, the decision of the arbitrator will be binding upon all the parties, which means that you have no right to appeal the decision and no opportunity to go to hearing on the disputed issues. (Section 8-43- 206.5 C.R.S.). This type of alternative dispute resolution is rarely used.  However, arbitration may be a useful process to resolve issues involving future medical care so that the parties can determine a fair Medicare Set Aside proposal to submit to the federal government for approval.