LTC Matters: Arbitration Agreements: Keeping It Out of the Courtroom
2/1/2002
Faced with skyrocketing liability insurance costs, many business are considering alternative dispute resolution mechanisms, such as arbitration and mediation, as possible alternatives to litigation. Before incorporating an arbitration agreement into the resident admission agreement, a provider must consider several issues: decide whether the arbitration agreement will be a condition of admission, determine whether state or federal law governs the arbitration agreement, carefully evaluate the resident's capacity to contract, and fully explain the agreement's provisions to the resident in easy-to-understand language.
