Nelson v. Dual Diagnosis Treatment Center

Language in an arbitration clause which states a general desire for disputes to be resolved without litigation is not a clear and unmistakable provision that an arbitrator will determine questions of arbitrability when coupled with a statement of broad judicial power to hold any provision of the agreement invalid or unenforceable for any reason. A contract was unconscionable where it was presented as a contract of adhesion to an individual in an indisputably fragile mental state and imposed a cap on damages, severely curtailed discovery, imposed a gag rule and required a unilateral release of almost any conceivable claim the signatory may have. Visit us for more informaton at: http://www.beverlyhillsemploymentlaw.com/