The arbitrators shall make a written finding on each of the matters in controversy contained in the submission. If the arbitrators shall fail to agree on any finding, then any two of them may make the finding, which shall have the same force and effect as if made by all.
§ 9-9-78.Findings by arbitrators; concurrence of two sufficient
Chapter 9. Arbitration · Article 2. Medical Malpractice · Last amended 1988 · Last verified July 17, 2026
In one sentenceRequires the arbitrators to issue a written finding on every matter in controversy listed in the submission, and provides that if all three cannot agree, a finding reached by any two of them carries the same binding force as if all three arbitrators had joined it.
Full Text of § 9-9-78
Plain-English Summary
After the hearing and investigation conclude, the arbitrators owe the parties a written finding on each matter in controversy the submission identified under Code Section 9-9-65. A vague or partial award isn’t enough — every listed matter needs its own finding.
Because the panel has three members, unanimity could deadlock the process. This section heads that off: if the three can’t agree, a finding reached by any two of them stands with the same force and effect as if all three had joined it. That majority-rule mechanism guarantees the arbitration produces a decision even when one arbitrator dissents.
Frequently Asked Questions
Must the arbitrators’ findings be in writing?
Yes, a written finding on each of the matters in controversy contained in the submission.
What happens if the three arbitrators can’t agree on a finding?
Any two of them may make the finding.
Does a two-arbitrator finding count the same as a unanimous one?
Yes, it has the same force and effect as if made by all three.
What must the findings address?
Each of the matters in controversy contained in the submission.
Does this section require unanimous agreement among the arbitrators?
No, it requires only two of the three to agree for a binding finding.
Amendment History
Code 1933, § 7-419, enacted by Ga. L. 1978, p. 2270, § 2; Code 1981, § 9-9-128; Code 1981, § 9-9-78, 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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