Sec. 01.03.01.16. Waiver of Arbitration

A. At any time after a claim and responses to it have been filed with the Health Care Alternative Dispute Resolution Office by all parties named in the claim, but before the hearing begins, a written waiver of arbitration may be filed. If the waiver is signed by all parties, it is mutually binding on all parties and transfers the jurisdiction over the case to the circuit court of the county in which venue lies, but the case is subject to a lien for all costs of arbitration through the date of transfer.

B. Upon the filing of a waiver, the chairman shall sign immediately an order of transfer directing the removal of the case from the Health Care Alternative Dispute Resolution Office to the appropriate circuit court, and directing the payment of arbitration costs to date.

C. The party submitting the waiver to the Health Care Alternative Dispute Resolution Office shall be responsible for notifying the office of the receiving circuit court's case identification number within 10 days after the case has been docketed.

D. If the waived case is not filed in the appropriate circuit court in a timely fashion, and the claim is dismissed, the claimant shall be responsible for all arbitration costs unless a formal order or agreement of the parties directs otherwise.