An arbitration under this Chapter shall be heard by a panel of three (3) arbitrators. The chairperson shall be decided by the three (3) panel members and shall have jurisdiction over pre-hearing procedures. The three (3) panel members shall include an attorney, a physician, preferably but not necessarily from the respondent’s medical specialty, and the third shall be a person who is neither a doctor, lawyer, or representative of a health care institution or insurance company. A minimum of two (2) of the three (3) panel members shall be residents of Guam.

(a) Except as otherwise provided in subsection (d), arbitrator candidates shall be selected pursuant to the rules and procedures of the Association from a pool of candidates generated by the Association. The rules and procedures of the Association pertaining to a selection of arbitrators under this chapter shall require that the Association send simultaneously to each party an identical list of five (5) arbitrator candidates in each of the three (3) categories together with a brief biographical statement on each candidate. A party may strike from the list any name which is unacceptable and shall number the remaining names in order of preference. When the lists are returned to the Association they shall be compared and the first mutually agreeable candidate in each category shall be invited to serve.
(b) Where no mutually agreed upon arbitrator is selected for any

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CH. 10 MEDICAL MALPRACTICE – MANDATORY ARBITRATION

category, a second list of that category shall be sent pursuant to subsection
(a).

(c) If a complete panel is not selected by mutual agreement of the parties pursuant to subsections (a) and (b) then under the applicable rules and procedures of the Association, the Association shall appoint the remainder of the panel on whom agreement has not been reached by the parties. The appointment by the Association shall be subject to challenge by any party for cause which challenge may allege facts to establish that unusual community or professional pressures will unreasonably influence the objectivity of the panelists. A request to strike an arbitrator for cause shall be determined by the regional director or comparable officer of the Association.
(d) The parties shall not be restricted to the arbitrator candidates submitted for consideration. If all parties mutually agree upon a panelist within a designated category, the panelist shall be invited to serve.