This is a decision coming out the Court of Appeals of Ohio, Eighth Appellate District, County of Cuyahoga.  The court held that the agreement in question was both substantively and procedurally unconscionable due to the fact that the resident gave up her right to recover punitive damages, a jury trial and attorneys fees by signing the agreement.  They found she had little or no bargaining power, the document was not properly explained to her and the contrtact itself lacked consideration. 

Although obviously not a psitive case it is instructive as to what this court finds to be an appropriate ADR agreement.

 

 

Author: Appellate Court of OH from n/a

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