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  • Why Do Long-Term Care Providers Push Arbitration? To Gain the Advantage!

  • A recent report from a risk management consultant company tells long-term care providers to use arbitration agreements to limit "exposure” and “manage risk.”  In other words, arbitration harms consumers by taking away the ability to go to court to seek justice if the care provided turns out to be negligent or harmful.  Such a waiver means consumers can expect less money if damages are an issue and cannot obtain injunctive relief such as an order forcing the facility to improve its care.  Binding arbitration limits consumers to one option for resolving disputes – an arbitration process that is biased in favor of big-time businesses at the expense of individual complainants.  This one-sided dispute resolution system could not be more clear in the report where arbitration’s “rational awards” is code for “consumers lose.”