Tampa, FL asked in Contracts, Arbitration / Mediation Law and Elder Law for Florida

Q: Is this an arbitration clause and should I sign it? Received in my father's assisted living contract.

And not by court action except as provided by Florida law for judicial review or arbitration proceedings.

Any court having appropriate jurisdiction may either judgment upon the award rendered by the arbitrator(s). Filing a judicial action to enable a recording of the notice of pending action for order of attachment, receivership, injunction or other provisional remedies shall not constitute a waiver of the right to arbitrate under this paragraph.

Any claims or disputes with or against individuals employed by or associated with (Assisted Living) shall also be submitted to arbitrate under this provision.

I (we) hereby acknowledge that I (we) have read the entire contract Agreement and understand and agree to all the terms set forth herein, including but not limited the various releases and the arbitration clause.

1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Estate Planning Lawyer
  • Freeeport, FL
  • Licensed in Florida

A: If you don't understand the arbitration verbiage in the contract, have an attorney explain it to you. It basically means that, if there is a dispute over the contract, you will have to arbitrate the dispute instead of filing a lawsuit. See:

https://en.wikipedia.org/wiki/Arbitration

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