Originally from Alternatives to the High Cost of Litigation

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The U.S. Supreme Court has added a case to be argued in the current 2016-2017 term that will affect the ADR world.

It’s another arbitration case about whether a contract’s alternative dispute resolution provisions preempt litigation.

The context this time is nursing home extended-care agreements, which has been a significant arbitration battleground this fall. In late September, the Centers for Medicare & Medicaid Services, a federal agency in the U.S. Department of Health and Human Services that administers federal insurance programs, issued a rule set to be effective Nov. 28. The rule would prohibit the use of pre-dispute binding arbitration agreements in patient admission agreements.