Each of our personal injury lawyers who specialize in nursing home cases knows the decision to place a loved one in a nursing home is often a very difficult one for family members to make. However, we also want to stress that as your family goes through this process of admission, you must be very careful about what you are signing. One of the things nursing homes regularly include in the admission paperwork are clauses that make arbitration or mediation mandatory in the event of an issue.

Signing a nursing home admission agreement that includes an arbitration clause means you are giving up your right to file any malpractice or negligence complaint in court. You’re giving up the right to have your case heard by a jury and a judge. This greatly benefits the nursing homes should something go wrong with your elderly loved one while in the facility’s care.

If you or a family member has experienced harm due to negligence or mistreatment in an assisted living or nursing home, contact the team at Shapiro, Washburn & Sharp. We operate on a contingency-fee basis, meaning you won’t owe any legal fees unless we secure compensation. Call us today at 833-997-1774 for a free consultation and to explore your options.

What Is a Mediation Clause in a Nursing Home Admission Agreement?

A mediation clause is a provision within a nursing home admission agreement that requires the parties involved (typically the nursing home and the resident or their family) to resolve disputes through mediation rather than litigation. Mediation is a form of alternative dispute resolution (ADR) where a neutral third-party mediator helps both sides reach a mutually acceptable settlement. This clause typically outlines the process, rules, and conditions under which mediation occurs if a dispute arises, such as quality of care, billing, or contract terms. By including a mediation clause, nursing homes seek to avoid lengthy, expensive, and potentially harmful court battles by encouraging parties to settle disputes outside of the court system.

What Types of Disputes Might Be Addressed Through Mediation in Nursing Home Cases?

Mediation clauses in nursing home agreements are often triggered when disputes arise related to various aspects of the resident’s care or contractual obligations. Some common issues that may be addressed through mediation include:

  • Quality of care: Disputes may arise regarding the standard of care provided to a resident. This could include concerns about neglect, abuse, improper medical treatment, or inadequate staff attention.
  • Billing issues: Misunderstandings or disagreements over charges for services, fees for treatments, or discrepancies in billing statements may prompt the use of mediation to reach a resolution.
  • Contractual disputes: Mediation can also be used to resolve conflicts regarding the terms of the nursing home contract, such as payment obligations, discharge policies, or the enforcement of specific clauses.
  • Discharge disputes: If a nursing home decides to discharge a resident against their will, the resident or family members may seek mediation to address the legality or fairness of the discharge.
  • Involuntary transfers: Disagreements over the transfer of a resident to another facility or a change in the level of care can also be mediated.

Mediation provides a forum where both the nursing home and the resident or their family can express their concerns and work together to find a solution without resorting to litigation.

Are There Any Drawbacks to Mediation Clauses in Nursing Home Agreements?

While mediation has several benefits, there are also potential drawbacks that should be considered before agreeing to a mediation clause in a nursing home admission contract:

  • Potential for imbalance of power: In some cases, particularly when the resident or their family is not familiar with the legal or healthcare system, the mediation process may be skewed in favor of the nursing home. A resident or family member may feel pressured to accept an agreement that is not in their best interest due to lack of legal knowledge or experience in mediation.
  • Non-binding agreements: Unlike court rulings, the results of mediation are generally not legally binding unless both parties agree to them in writing. This means that if one party fails to comply with the mediated settlement, the other party may have to resort to further legal action to enforce the agreement.
  • Limited recourse: Mediation is a voluntary process, meaning that if one party refuses to participate or engage in good faith, it can be difficult to resolve the dispute. If a nursing home is unwilling to mediate or the parties cannot agree on a solution, the only remaining option may be to pursue a lawsuit, which could negate the advantages of having a mediation clause in the first place.
  • Lack of legal representation: In some cases, residents or their families may not have access to legal representation during mediation, which can put them at a disadvantage. Legal counsel can be important for ensuring that the resident’s rights and interests are properly protected during the mediation process.

Can a Mediation Clause in a Nursing Home Agreement Be Challenged or Voided?

Yes, in certain circumstances, a mediation clause in a nursing home admission agreement can be challenged or voided. If the clause is deemed unconscionable or if it was included in the agreement through deceptive or unfair practices, it may not be enforceable. For example, if a mediation clause was included in the contract without proper disclosure or understanding by the resident or family member, or if it is part of a broader pattern of unfair or deceptive terms, it could potentially be invalidated in court.

Contact a Nursing Home Abuse Lawyer Today for a Free Consultation

Families and residents should carefully review nursing home contracts before signing and, if necessary, consult with an attorney to understand the implications of the mediation clause.

If you or a loved one has been injured due to negligence or abuse in an assisted living facility or nursing home, don’t wait to take action. The nursing home abuse attorneys at Shapiro, Washburn & Sharp are here to help you seek financial justice and hold negligent facilities accountable.

We represent clients on a contingency-fee basis, so you won’t pay any legal fees unless we win your case. We also advance litigation expenses while a case is ongoing, so you do not have to worry about coming out of pocket for legal costs (which are typically fully covered by a settlement or jury award). Contact us today at 833-997-1774 to schedule a free consultation with an experienced assisted living facility lawyer and learn more about your legal options.