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Finally, the accused assert that the Tribunal abused its discretion by refusing to impose arbitration on the grounds that there is a risk of inconsistent decisions on common legal or factual issues if the requests for reversion are ordered, but not the request for unlawful death at arbitration. (No. 1281.2 (c)) If the reversion rights are ordered to arbitration, but Daniel`s right to improper death has not been, it is possible to make inconsistent decisions on the claims, as the claims are based on the assertion that Barcenas was not adequately supported by Sunrise. (Birl v. Heritage Care, LLC (2009) 172 Cal.App.4th 1313, 1319-1321 [Arbitration denied in due form where conflicting decisions were possible, if appeals against the parties to the arbitration agreement were not attempted in the same remedy as identical actions against third parties].) Since the Court`s discretionary judgment does not exceed the limits of reason, we will not disturb it. (Fitzhugh, supra, 150 Cal.App.4. on 475; Henry v. Alcove Investment, Inc. (1991) 233 Cal.App.3d 94, 101.) Retirement home managers say arbitration clauses improve efficiency, benefiting the nursing home and its residents. However, a compromise clause in a care home contract means that care home residents and their families waive a number of important rights and protections. The difficult decision to place a loved one in a retirement home is often made in stressful circumstances and is always full of emotions.

Mandatory arbitration agreements are often overlooked or neglected when the batch of admission forms is completed. In 2017, CMS adopted a final rule preventing Medicare and Medicaid-accepted care homes from entering into binding arbitration agreements with a resident or their representatives before a dispute arises. The CMS cited ample evidence that resolving disputes in camera would adversely affect the health and safety of care home residents. With arbitration, there is no courthouse, no judge, no jury. There are no requirements to comply with state or federal rules of procedure and there is virtually no appeal procedure. Whatever the referee`s choice, it is almost always final. Brian Lee, former long-term care mediator with the Florida state government: „People don`t know that`s the case.“ It is quite common to see a compromise clause in a long-term care contract.