MARY T. KLEINE VS. EMERITUS AT EMERSON ET AL.
A-4453-14T3
In reviewing an order compelling the arbitration of a dispute between a patient and a nursing home facility, the court recognized that the Federal Arbitration Act and its liberal policy favoring arbitration precluded application of the New Jersey Nursing Home Act's prohibition on compelled arbitration of such disputes. Notwithstanding, the arbitration clause in question called for arbitration administered by the American Arbitration Association, which had a policy of declining to administer the arbitration of health care disputes. Because the forum ostensibly agreed upon was not available, the court held that the patient could not be compelled to arbitrate and reversed.
