ADR- Alternative Dispute Resolution

"This Article focuses on mandatory pre-dispute arbitration agreements in the context of a situation involving a vulnerable party." by Carolyn Dessin

This note will first discuss nursing home contracts and arbitration, generally.The note will then explain why mandatory arbitration clauses cause problems in the context of nursing home contracts and will also elaborate on the specific problem of unconscionability found in many of these clauses. Finally, the note will address a few possible solutions to mandatory arbitration clauses found in nursing home contracts.

This Article begins with a plea that progressives and conservatives acknowledge two truths in the phrase “adhesion contracts” and accept that arbitration law should reconcile these two truths in much the same way our law as a whole does. Part II of this Article provides a history of how current law governing adhesive arbitration agreements developed and became divisive along predictable political lines. Part III introduces a framework to understand and compare different views about the law governing adhesive arbitration agreements.

The family mediation profession (which includes many lawyers) created the Model Family Mediation Standards in consultation with the family law bar and experts on family violence.

Also Available on Lexis Advance

Also Available on Lexis+

by Nancy H. Rogers

by Nancy Rodgers

Beware the Fine Print Series
Arbitration Everywhere, Stacking the Deck of Justice

In Arbitration, a ‘Privatization of the Justice System’

In Religious Arbitration, Scripture Is the Rule of Law

by the American Arbitration Association.