Mandatory arbitration provisions in nursing home admission contracts have become rather ubiquitous, but there are a variety of legal arguments to refute enforcement of these provisions. Arbitration provisions in nursing home admission contracts
can be biased in favor of the nursing home and limit available remedies to plaintiffs. Even though nursing homes may benefit from arbitration, it can be damaging to nursing home residents and their families when residents have been injured
or killed as a result of the nursing home’s actions or inaction.
This Comment advocates against the use of mandatory arbitration in nursing home admission contracts and discusses various legal theories available to refute such clauses. Part II discusses mandatory arbitration in general and its use in nursing home admission contracts. Part III summarizes some of the common arguments made in favor of and against arbitration in nursing home admission contracts. Finally, Part IV addresses how courts analyze these agreements and possible approaches to avoid arbitration of disputes arising out of the nursing home contract.