Can a binding agreement be made to collect from malpractice insurance in mediation? Are there other options to guarantee collection from a mediation agreement? There's an arbitration agreement in my dental records, but the Dr. didn't sign it. A lawsuit may also be an option. I can document malpractice, and that a refund for services not provided is due, while the amount of the refund is contested. I'm most concerned about ability/willingness to pay the settlement. What's my best option?