A Study on Standard Nursing Home Contract in Taiwan from the Viewpoint of Arbitration System including Arbitration Clause

• Main Authors: Huang, Lien-Chi, 黃蓮奇
• Other Authors: Lin, Cheng-Hero
• Format: Others
• Language: zh-TW
• Published: 2015
• Online Access: http://ndltd.ncl.edu.tw/handle/73634241313420904558

碩士 === 東吳大學 === 法律學系 === 103 === Arbitration has always been an important mechanism of Alternative Dispute Resolution (ADR). The advantages over arbitration verses conventional litigation are faster resolution, independent, effective, and economical. However, nursing home contracts in the USA has often included arbitration clauses with biased conditions that exploited the consumers, It then becomes common for consumers to litigate to cancel arbitration clauses . Taiwan formulated an administrative supervisor-supported standard nursing home contracts in 1998 as guidance for buisness contracts, and further legislated a nursing home contract law to safeguard consumer rights in 2003. The law specifies which items should or should not be recorded in the nursing home contract to ensure fairness to consumers. Therefore, the inclusion of arbitration clauses in nursing home contract in Taiwan is fair and feasible to everyone, and will help to ease the burden of the growing litigations of nursing home disputes. This paper studied the development of effective arbitration clauses and contract signing processes, as well as a reasonable solatium which can be used as a reference for reaching a consensus on juridical compensation, thereby facilitating the formation of objective terms and conditions for mediation and arbitration. In addition, this paper examined past nursing home litigation cases in Taiwan, categorized them, and summarized the causes of consumer injury and fatality, as well as the result of the disputes. This provides nursing home managers with a reference on the areas and actions to be cautioned against and prevented in their operations. Finally, this paper suggested adopting the Taiwan Drug Relief Fund approach to establish a compensation fund for small and medium enterprises engaged in nursing home services to provide independent fund insurance mechanism for these organizations, thereby facilitating the sustainable development and growth of this industry.