Arbitration Agreement Not Enforceable Due to Lack of Mutuality of Obligations, Arkansas Court Rules

November 11, 2022 | Aging Services Risk Management


​An Arkansas nursing home may not enforce the arbitration clause of its admission agreement, clearing the way for a dispute between a resident and the nursing home to proceed to litigation, an Arkansas appellate court has ruled.

The resident was admitted to the nursing home in September 2018 and lived there until May 2019. At the time of her admission, the resident's son signed an admission agreement on her behalf that included an arbitration provision. That provision obligated the parties to use binding arbitration to resolve any dispute with...

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