A Question of Ethics—Agreement to Arbitrate. Nellie Lumpkin, who suffered from dementia, was admitted to the Picayune Convalescent Center, a nursing home. Because of her mental condition, her daughter, Beverly McDaniel, signed the admissions agreement. It included a clause requiring the parties to submit any dispute to arbitration. After Lumpkin left the center two years later, she filed a suit against Picayune to recover damages for mistreatment and malpractice. [Covenant Health & Rehabilitation of Picayune, LP v. Lumpkin, 23 So.2d 1092 (Miss. App. 2009)] (See page 87.)

1. Is it ethical for this dispute—involving negligent medical care, not a breach of a commercial contract—to be forced into arbitration? Why or why not? Discuss whether medical facilities should be able to impose arbitration when there is generally no bargaining over such terms.

2. Should a person with limited mental capacity be held to the arbitration clause agreed to by her next of kin who signed on her behalf? Why or why not?