Arizona Courts Continue To Favor Arbitration

In Gullett v. Kindred Nursing Centers West, ___ Ariz. ___, 758 Ariz. Adv. Rep. 12 (App. 2017),the Arizona Court of Appeals ruled that an arbitration agreement between a patient and a convalescent hospital was enforceable over a challenge that it is was unfairly one-sided. Mr. Gullett signed an arbitration agreement at the time of his admission to Hacienda Care and Rehabilitation Center. He died approximately one month later. His son brought suit alleging that Hacienda had violated Arizona's Adult Protective Services Act, and caused his father's death. Kindred, the parent of Hacienda, moved to compel arbitration. The son objected, arguing that the arbitration agreement was unenforceable, claiming the agreement contained provisions that unfairly benefited Kindred, and denied the son rights he would have in a lawsuit. The son specifically asserted that the agreement: substantially limited discovery; the arbitration administrator identified in the agreement lacked