(a) Every arbitration pursuant to this article shall be conducted by three arbitrators, one of whom shall be chosen by each of the parties prior to the execution of the submission provided for in Code Section 9-9-65 and one of whom shall be chosen by the arbitrators named in the submission. The third arbitrator shall be chosen after the parties sign the submission provided in Code Section 9-9-65 and before arbitration begins.
§ 9-9-67.Arbitrators — How chosen
Chapter 9. Arbitration · Article 2. Medical Malpractice · Last amended 1988 · Last verified July 17, 2026
In one sentenceSets the three-arbitrator panel structure for medical malpractice arbitration — each party picks one arbitrator before the submission is signed, those two pick a third after signing and before the hearing begins, the judge appoints the third if they cannot agree, and each side of multiple plaintiffs or defendants gets only one arbitrator.
Full Text of § 9-9-67
(b) If the arbitrators chosen by the parties are unable to agree upon the third arbitrator as provided in subsection (a) of this Code section, the judge authorizing the arbitration and appointing the referee or the judge’s successor shall appoint the third arbitrator.
(c) In cases involving a medical malpractice claim where there are multiple plaintiffs or defendants, there shall be only one arbitrator chosen by each side. The plaintiff parties shall have the right to choose one arbitrator and the defendant parties shall have the right to choose one arbitrator.
Plain-English Summary
Every arbitration under this article runs before a panel of three arbitrators, chosen in a set sequence. Each party names one arbitrator before the submission described in Code Section 9-9-65 is signed. Then, after the submission is signed but before the arbitration begins, those two party-chosen arbitrators pick the third.
If the two arbitrators can’t agree on who that third arbitrator should be, the judge who authorized the arbitration — or that judge’s successor — steps in and makes the appointment.
When a case has multiple plaintiffs or multiple defendants, the panel doesn’t grow to match. Each side still gets exactly one arbitrator: the plaintiff parties choose one, and the defendant parties choose one, keeping the panel at three regardless of how many people sit on either side of the case.
Frequently Asked Questions
How many arbitrators hear a medical malpractice arbitration?
Three.
Who chooses the first two arbitrators?
Each party chooses one, before the submission described in Code Section 9-9-65 is signed.
Who chooses the third arbitrator, and when?
The two party-chosen arbitrators choose the third, after the submission is signed and before the arbitration begins.
What happens if the two arbitrators can’t agree on a third?
The judge who authorized the arbitration, or that judge’s successor, appoints the third arbitrator.
If there are several plaintiffs and several defendants, how many arbitrators does each side get?
One arbitrator for the plaintiff side and one for the defendant side, regardless of how many parties are on each side.
Amendment History
Code 1933, § 7-408, enacted by Ga. L. 1978, p. 2270, § 2; Code 1981, § 9-9-117; Code 1981, § 9-9-67, 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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