Chapter 9. Arbitration · Article 2. Medical Malpractice · Last amended 1988 · Last verified July 17, 2026
In one sentenceRequires the referee to meet with the parties before arbitration and help them draft a written submission — covering the dispute, cost allocation, procedure, witnesses, chosen arbitrators, and meeting time and place — which becomes irrevocable once signed unless every party consents to undo it.
(a)The referee shall meet with the parties or their representatives, or both, prior to the arbitration. The referee shall assist the parties in preparing an arbitration submission which shall contain the following:
(1)A clear and accurate statement of the matters in controversy;
(2)An agreement as to the payment of the costs of the arbitration;
(3)The procedure to be followed in the arbitration;
(4)A list of the witnesses whose testimony the parties desire to present to the arbitrators;
(5)The names of the arbitrators chosen by each party;
(6)The time and place of meeting of the arbitrators; and
(7)Any other matters that may be pertinent to the arbitration.
(b)The submission shall be in writing and shall be signed by the parties or their representatives. When signed, the submission shall be irrevocable except by consent of all the parties.
Plain-English Summary
The submission is the document that governs everything about a specific arbitration. Before the hearing, the referee has to meet with the parties or their representatives and help them put it together, so it isn’t left to one side to draft alone.
The submission has to spell out the controversy clearly and accurately, an agreement on who pays the arbitration’s costs, the procedure the arbitration will follow, the witnesses each side wants to present, the arbitrators each party has chosen, when and where the arbitrators will meet, and anything else pertinent to the case.
Once the parties or their representatives sign it, the submission locks in. It can’t be revoked unless every party agrees to release it — no side can walk away from arbitration unilaterally after committing in writing.
Frequently Asked Questions
Who helps the parties prepare the arbitration submission?
The referee, who must meet with the parties or their representatives before the arbitration to assist in preparing it.
What must the submission cover?
A statement of the matters in controversy, an agreement on paying arbitration costs, the procedure to be followed, a witness list, the names of the chosen arbitrators, the time and place the arbitrators will meet, and any other pertinent matters.
Does the submission have to be in writing?
Yes, it must be in writing and signed by the parties or their representatives.
Can a party back out after signing the submission?
No. Once signed, the submission is irrevocable except by consent of all the parties.
Does the submission set how arbitration costs get shared?
Yes, it must include an agreement on payment of the costs of the arbitration.
Amendment History
Code 1933, § 7-407, enacted by Ga. L. 1978, p. 2270, § 2; Code 1981, § 9-9-115; Code 1981, § 9-9-65, as redesignated by Ga. L. 1988, p. 903, § 3.
Source & verification. Section text and amendment history are
reproduced verbatim from the Official Code of Georgia Annotated, published by the
Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026.
· Official source
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