Mandatory arbitration is bad for the resident and his/her family. If it was a fair process, why isn’t the nursing home prevented from using the court system to collect upaid bills? Nursing homes want to hold the residents legally accountable but don’t want to live up to the same responsibilty on their end.
From a claims adjuster’s perspective (not in health care or nursing home liability), I have gone to arb on various claims. Ironically, the arbitrators tend to ignore laws or uphold policy language. Most of our arbitrations turn out better for our insured’s than they would have in court where the court can only throw out clauses if they are unlawful… Personally, if I were sending a loved one to a nursing home, I would gladly take the arb clause. Also, arbitration is final. Wouldn’t you rather have a ruling than wait years and years on appeals???
Pete; well said! Also, how can they say it is a voluntary agreement when it is an integral part of a take it or leave it contract? Whenever a contract cannot be negotiated, it must be construed most strictly against the originator. I see no direct consideration for being forced out of judicial system and constrained in their choice for venue, rules & procedures.
I believe the rules for arbitrations that you’re familiar are different than what the nursing homes are requiring. I would be much more willing to CONSIDER agreeing to a 3 member panel drawn from a large pool than a one member Star Chamber assigned by the group designated by my opposing party.
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Mandatory arbitration is bad for the resident and his/her family. If it was a fair process, why isn’t the nursing home prevented from using the court system to collect upaid bills? Nursing homes want to hold the residents legally accountable but don’t want to live up to the same responsibilty on their end.
From a claims adjuster’s perspective (not in health care or nursing home liability), I have gone to arb on various claims. Ironically, the arbitrators tend to ignore laws or uphold policy language. Most of our arbitrations turn out better for our insured’s than they would have in court where the court can only throw out clauses if they are unlawful… Personally, if I were sending a loved one to a nursing home, I would gladly take the arb clause. Also, arbitration is final. Wouldn’t you rather have a ruling than wait years and years on appeals???
Pete; well said! Also, how can they say it is a voluntary agreement when it is an integral part of a take it or leave it contract? Whenever a contract cannot be negotiated, it must be construed most strictly against the originator. I see no direct consideration for being forced out of judicial system and constrained in their choice for venue, rules & procedures.
I believe the rules for arbitrations that you’re familiar are different than what the nursing homes are requiring. I would be much more willing to CONSIDER agreeing to a 3 member panel drawn from a large pool than a one member Star Chamber assigned by the group designated by my opposing party.
If one is stupid enough to sign a contract without reading it then they pretty much deserve what they get.