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Civil Procedure Section 1280, et seq.). Arbitration is the final process for the resolution of any dispute arising out of or relating to this Evidence of Coverage or the Agreement, whether involving a claim in tort, contract or otherwise, involving Subscribers, Family Members (whether a minor or an adult), the heirs-at-law or personal representatives of a Subscriber or Family Member, and OHS (including any of its agents or employees). Members must settle' all such disputes by neutral, binding arbitration according to the terms and conditions set forth here. By enrolling in this plan, Members waive their constitutional right (or any other such right) to a trial before a jury or judge regarding such disputes, and any other right they may have to have such disputes resolved in any manner other than as set forth here. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having proper jurisdiction. The decision of the arbitrator shall be final and binding. Each party is responsible for their own attorney fees and for an equal share of the costs of arbitration. The power of the arbitrator shall be limited to the determination of the interpretation of the terms of the Group Agreement and the Evidence of Coverage only and the arbitrator expressly does not have the power to grant any other relief or award or determine any change, modification, alteration, addition or subtraction from any contractual provisions. section 1281.2(c) of the California Code of Civil Procedure which allows a court to order any case to trial if the case involves a party not privy (i.e., bound by contract) to this provision, is expressly waived. How to initiate arbitration proceedings OHS is available to instruct Members how to initiate arbitration proceedings. Generally, these arbitration proceedings are initiated by the Member: (1) filing a petition in the Superior Court in the county where the Agreement is to be performed (usually, the county where the Member resides) or was made requesting that arbitration be ordered, and (2) serving a copy of the petition and a written notice of the time and place of the hearing thereof and any other papers upon which the petition is based upon OHS' agent for service of process at its principal place of business. Medical malpractice disputes Any dispute alleging medical malpractice, that is as to whether any medical services or supplies covered under this Evidence of Coverage were unnecessary or unauthorized by the Member or were improperly, negligently or incompetently rendered, will be determined by submission to arbitration as provided by California law, and not by a lawsuit or resort to court process except to the extent California law provides for judicial review of arbitration proceedings. ANY - 14 - , _"..."",,_ "_______.u,-¡--____.,_'.,.". ".." .,