Nursing homes offer crucial support to the elderly and individuals with disabilities. However, legal disputes between families and these facilities can become complex. In Florida, arbitration has become a common method for resolving such disputes.
What Is Nursing Home Arbitration?
Nursing home arbitration is a private method to resolve disputes outside of court. In this process, an impartial third party, called an arbitrator, hears both sides of the case and makes a decision. This resolution method is often included in the admission agreements signed by residents upon entering a nursing home.
The Role of Admission Agreements
When a loved one enters a nursing home, the resident or their family are usually required to sign an admission agreement. This document may include an arbitration clause. A recent study indicated that about 75% of Florida nursing homes include arbitration clauses in their admission agreements.
How the Arbitration Process Works
Here’s an overview of the arbitration process in Florida:
Initiation of Arbitration: When a dispute arises, either party can start arbitration by sending written notice to the other party, detailing the claims and requesting arbitration. Alternatively, if a lawsuit is filed, the nursing home may move to abate the action and compel arbitration.
Selection of an Arbitrator: Both parties must agree on a neutral arbitrator. If consensus cannot be reached, they may need to rely on an arbitration organization (AAA, JAMS, AHLA) to assist. Some arbitration provisions specifically identify an arbitration organization to administer the process.
Preparation for the Hearing: Each party collects evidence, documents, and witness testimony to present their argument. Unlike in court, the rules of evidence in arbitration are often less stringent.
The Arbitration Hearing: During the hearing, both parties present their evidence and arguments. The arbitrator may ask questions to clarify issues.
The Decision: After considering all evidence, the arbitrator issues a binding decision, called an "award," which both parties must follow.
Limited Grounds for Appeal: In Florida, appealing an arbitrator’s decision is very difficult, highlighting the importance of thorough preparation for the hearing.
Benefits of Arbitration
Arbitration provides several benefits for resolving nursing home disputes:
Speed: Families can often reach resolutions faster through arbitration than in court.
Cost-effectiveness: Legal expenses in arbitration tend to be lower. A study found that families can save up to 50% in costs through the arbitration process compared to litigation.
Confidentiality: Arbitration proceedings are private, helping to protect sensitive information from public scrutiny.
Flexibility: The arbitration process can adapt more easily to scheduling and procedural needs, creating a more accommodating environment for both parties.
Final Thoughts
Knowledge of the nursing home arbitration process in Florida is essential for parties facing disputes. By understanding admission agreements, seeking legal advice, and being prepared, parties can advocate effectively for a fair outcome.
Sisco-Law has extensive experience in the arbitration process. The attorneys have successfully represented clients in nursing home matters. Dale Sisco is a Florida Supreme Court Qualified Arbitrator. He is frequently engaged as a neutral in arbitration proceedings.
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