Section 9 of Arbitration and Conciliation Act,

  Essay Example
, Essay Example

Scenario One

The modus operandi of the Bay Pines Rehabilitation Center dictates that patients have to sign paperwork that includes the arbitration requirements in the occurrence of any disputes. Indeed, medical institutions enforce such unilateral means of conflict resolution to give the particular institution power over the client in case of any disputes. To that end, it is not entirely ethical as the institution compels the patients to agree to the terms of admission or treatment, contrary to which they may not receive any treatment. This legal agreement is not ethical by any means, and it deprives the clients who are the patients of any form of justice. According to US laws, Section 9 and Section 17 of the Arbitration Act gives power to the Arbitrary tribunal to reach effective and desired resolutions (Shamajpati, 2022). In the case of Alana Mendes, she will meet the hospital’s tribunal and state her case, after which the hospital will provide her with certain offers in terms of compensation. Whether satisfied or not with the outcome, Alana cannot take the matter further or take legal means against the hospital, as everything is to be solved internally.

Indeed, there is no bargaining over such terms, as the client will have already signed the agreement forms, which state that they will commit to solving any conflicts through arbitration in the case of any arising issue. While the hospital assumes that one’s caregiver is responsible for their well-being, the arbitration clause should not be binding if signed by a patient’s next of kin, particularly if the patient is mentally incapacitated. The patient, the sole receiver of medical services, should be the only one to ascend to the terms.

Scenario Two

After finding him responsible for plagiarism, the Dean of students of the College of Business, Derrick Dawson, discharged Professor Mark Day from his responsibility of instructing the students for one semester and instead scheduled him for undergraduate courses. Day feels that due process was not followed to meet his punishment. Indeed, the right process would be first to conduct objective investigations and determine the genesis of the breach of academic integrity. After establishing findings, Dawson was to summon Day and inquire about the charge to get the explanations and perspectives from the accused. Dawson would therefore draw their conclusions and involve other management heads in finding the right response to the plagiarism case. In this case, Day would have gotten his right to reply, which is mandatory and the right thing to do in such a case.

This conflict would not have happened if the university had an arbitration clause. Any institution guided by such a clause binds the employer and employee and necessitates that any form of misunderstanding is solved internally without the involvement of an external party (Zalesne, 2020). Similarly, the two parties can resolve to discuss and agree on the next cause of action outside the court. The university may also dismiss the suit in preference to arbitration, ensuring that everything is resolved internally. Such a step would aid the two parties in forging an agreement without going through the court process, which can be costly. In that regard, the university would take control of its internal issues, thus saving its image from public scrutiny.

References

Shamajpati, Ishani (2022). Section 9 of Arbitration and Conciliation Act, 1996. Pleaders. https://blog.ipleaders.in/section-9-of-arbitration-and-conciliation-act-1996/#:~:text=It%20was%20held%20that%20Section,orders%20during%20the%20arbitration%20proceedings

Zalesne, D. (2020). The Consentability of Mandatory Employment Arbitration Clauses. Loy. L. Rev., 66, 115.