§ 90-21.61. Requirements for submitting to arbitration. - North Carolina Statutes

§ 90‑21.61. Requirements for submitting to arbitration.

(a)        Before Action IsFiled. – Before an action is filed, a person who claims damages for personalinjury or wrongful death based on alleged negligence in the provision of healthcare by a health care provider as defined in G.S. 90‑21.11 and theallegedly negligent health care provider may jointly submit their dispute toarbitration under this Article by, acting through their attorneys, filing astipulation to arbitrate with the clerk of superior court in the county wherethe negligence allegedly occurred. The filing of such a stipulation providesjurisdiction to the superior court to enforce the provisions of this Articleand tolls the statute of limitations.

(b)        Once Action IsFiled. – The parties to an action for damages for personal injury or wrongfuldeath based on alleged negligence in the provision of health care by a healthcare provider as defined in G.S. 90‑21.11 may elect at any time duringthe pendency of the action to file a stipulation with the court in which allparties to the action agree to submit the dispute to arbitration under thisArticle.

(c)        Declaration Not toArbitrate. – In the event that the parties do not unanimously agree to submit adispute to arbitration under subsection (b) of this section, the parties shallfile a declaration with the court prior to the discovery scheduling conferencerequired by G.S. 1A‑1, Rule 26(f1).

The declaration shall statethat the attorney representing the party has presented the party with a copy ofthe provisions of this Article, that the attorneys representing the partieshave discussed the provisions of this Article with the parties and with eachother, and that the parties do not unanimously agree to submit the dispute toarbitration under this Article. The declaration is without prejudice to theparties' subsequent agreement to submit the dispute to arbitration. (2007‑541, s. 1.)