Arbitration agreements in nursing home cases have become increasingly common in California as a way for the industry to conceal wrongdoing. The Court of Appeal considered whether the trial court erred in determining that an arbitration agreement was unconscionable and unenforceable.Below is a sample nursing home arbitration agreement. This was the agreement language between FutureCare and our client's deceased mother. Arbitration agreements in nursing homes are contracts that residents or their representatives may be asked to sign during the admissions process. Arbitration is like an informal trial or hearing. The parties present evidence and arguments to their arbitrator, who is an attorney or retired judge. This agreement removes a senior's right to take the nursing home to court in any cases of negligence, abuse, or other wrongdoing. In fact, it is against the law for nursing homes to require you to sign these agreements as a contingency of admission.