By: James Walson. Leases in an independent living component of an assisted living facility will often contain an arbitration provision. Although arbitration can be helpful in reducing litigation expenses, arbitration can lead to significant delay …
MURDER! (and the potential unenforceability of arbitration clauses)
The AARP Bulletin recently ran an interesting article regarding a 100-year senior living facility resident who was strangled to death by her 97-year old roommate. Beyond the macabre and tragic situation itself, the murder gave rise to …
CMS Proposes Restrictions on Arbitration Provisions in Nursing Home Resident Agreements
By: I. Paul Mandelkern The use of a binding arbitration provision in the pre-admission agreement between a senior living facility and its resident has become quite common. If properly drafted and presented to the resident …
Arbitration Agreements in Residency Contracts Offer Valuable Protections—Part III
Over the past few months, I have explained how arbitration agreements can help save your company money, and described several “best practices” for drafting arbitration agreements. As I wrote last month, getting your case into …
Arbitration Agreements in Residency Contracts Offer Valuable Protections—Part II
By guest blogger, Spencer L. Payne, Quintairos, Prieto, Wood & Boyer, P.A. As I explained back in December, arbitration agreements can save your company a significant amount of money. However, not all arbitration agreements are …
Arbitration Agreements in Residency Contracts Offer Valuable Protections
By special guest blogger, Spencer L. Payne, Esquire At a recent Senior Housing Symposium, I explained how having a valid arbitration agreement in your residency contract can save owners and managers of senior housing facilities …
