Why Arbitration Agreements Are Risky for Elders

Generally, arbitration agreements aren’t a good option for elders and their families. This is for a number of reasons. First and foremost, our legal system is based on individuals being able to bring their claims in front of a jury of their peers. These arbitration agreements that are snuck on many of our clients goes exactly against that constitutional right by depriving them of their day in court to be in front of a jury of their peers.

Additionally, arbitration agreements can be very costly and take a lot of time. This is because arbitrations are very expensive because you have to pay an arbitrator who’s usually either a retired judge or a highly experienced attorney at their rates to handle your case. These arbitrations also can take a very long time because you don’t have the usual rules of court ensuring that your case reaches a timely resolution. This can result in some of our cases going on for years on end when they reach arbitration cuz there’s no way for us to ensure that it keeps timely moving forward. As such, we generally advise our clients away from signing any arbitration agreement.