Nursing Home Dispute Resolution Agreement
Nursing Home Dispute Resolution Agreement
This Nursing Home Dispute Resolution Agreement ("Agreement") is entered into on [Date], between:
[Your Nursing Home Name]
[Your Nursing Home Address]
[Your Nursing Home Email]
and
[Resident/Representative Name]
[Resident/Representative Address]
[Resident/Representative Email]
Background:
[Your Nursing Home Name] operates a nursing home facility providing long-term care services to residents. [Resident/Representative Name] resides or is represented at this facility.
Purpose:
This Agreement aims to establish procedures for resolving disputes that may arise between [Your Nursing Home Name] and [Resident/Representative Name].
1. Dispute Resolution Process:
Any dispute or disagreement arising out of or relating to the care, services, or accommodations provided by [Your Nursing Home Name] shall be resolved in accordance with the following process:
1.1 Informal Resolution:
The parties agree to first attempt to resolve any dispute informally by discussing the matter with the Nursing Home Administrator or designated representative within [Timeframe] of the dispute arising.
1.2 Mediation:
If the dispute cannot be resolved informally, both parties agree to attempt mediation. Mediation shall be conducted by a neutral third party mediator agreed upon by both parties. Each party shall bear their own costs associated with mediation.
1.3 Arbitration:
If mediation is unsuccessful in resolving the dispute, either party may initiate arbitration. Arbitration shall be conducted in accordance with the rules and procedures of the American Arbitration Association (AAA) or any other mutually agreed-upon arbitration service. The decision of the arbitrator(s) shall be final and binding on both parties.
2. Agreement to Waive Jury Trial:
Both parties agree to waive their right to a jury trial in any legal proceeding arising out of or related to this Agreement or the provision of care and services by [Your Nursing Home Name].
3. Governing Law:
This Agreement shall be governed by and construed in accordance with the laws of the state of [Your State], without regard to its conflict of laws principles.
4. Severability:
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
5. Entire Agreement:
This Agreement constitutes the entire understanding between the parties concerning the subject matter hereof and supersedes all prior agreements, negotiations, and discussions, whether oral or written.
6. Amendments:
No modification or amendment to this Agreement shall be effective unless it is in writing and signed by both parties.
7. Execution:
This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.
[Your Nursing Home Name]
By:
[Your Name], [Your Title]
Date:
[Resident/Representative Name]
By:
[Resident/Representative Name]
Date:
