This Comment advocates against the use of mandatory arbitration clauses in healthcare providers’ patient intake contracts and discusses the interplay between federal and state statutes that create disparities in enforceability and unenforceability of mandatory arbitration clauses in state courts. Part II discusses the history of mandatory arbitration and its development in healthcare providers’ patient intake contracts. Part III examines state statutory limitations on pre-treatment arbitration clauses. Finally, Part IV addresses how courts analyze these agreements and possible approaches to avoid mandatory arbitration arising in healthcare providers’ patient intake contracts.
The Jury is Out: Mandating Pre-Treatment Arbitration Clauses in Patient Intake Contracts,
2018 J. Disp. Resol.
Available at: https://scholarship.law.missouri.edu/jdr/vol2018/iss2/16