Courts and Alternative Dispute Resolution, law homework help

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Case Study

From the case study given
below. Analyze the facts in the scenarios and develop appropriate
arguments and recommendations using case law and scholarly sources. Cite your sources in APA format on a separate page.

Case Study : Courts and Alternative Dispute Resolution

Camilla Brown suffered from Alzheimer’s, and
was admitted to the Bay Pines Rehabilitation Center. Because of her
mental condition, Brown’s son, Juan, completed the admissions paperwork
and signed the admissions agreement. The admissions documents included a
clause that required parties to submit any disputes for arbitration.
When Camilla was released from the center four months later, she sued
for negligent treatment and malpractice during her stay. Bay Pines moved
to require arbitration.

  • This is a claim of negligent care, not a breach of a
    commercial contract. Is it ethical for medical facilities to impose
    mandatory arbitration? Is there really any bargaining over such terms?
  • Should a person with
    limited mental capacity be held to the arbitration clause agreed to by
    the next-of-kin who signed on behalf of that person?