I. FACTUAL AND PROCEDURAL BACKGROUND

     Wilfredo Engalla (hereinafter, Mr. Engalla) immigrated to the United
States in 1980, where he commenced employment with Oliver Tire & Rubber Company
as a certified public accountant.
     At that time, Mr. Engalla was invited to enroll himself and his immediate
family in a health plan offered by Kaiser.
     Oliver Tire & Rubber had offered its employees health care through Kaiser
since 1976, and its plan was renewed annually thereafter.
     Mr. Engalla enrolled with Kaiser by signing an application form which
stated, in relevant part: "I apply for health plan membership for the persons
listed and agree that we shall abide by the provisions of the Service Agreement
and health plan regulations.
     If the agreement so provides, any monetary claim asserted by a Member or
the Member's heirs or personnel [sic] representative on account of bodily
injury, mental disturbance or death must be submitted to binding arbitration
instead of a court trial."