Court Upholds Enforcement of Christian Arbitration Agreement In Wrongful Death Suit

In Spivey v. Teen Challenge of Florida, Inc. (FL App., Oct. 11, 2013), a Florida state appellate court upheld a trial court's enforcement of a Christian-based arbitration/ mediation agreement, requiring a mother to resolve her wrongful death action against a residential substance abuse program under the agreement that invoked rules of the Association of Christian Conciliation Services. The court observed that "private religious arbitration ... is exceedingly common in our pluralistic religious society...."

Holding that the mother, as the personal representative of her deceased 19-year old son, was bound by the agreement he signed, the court rejected several constitutional challenges to enforcement of the arbitration agreement.  The mother argued that she should not be required to engage in mediation that includes prayer as a part of the process, but the court held that "a personal representative generally cannot object that fulfilling the deceased’s wishes offends the religious sensibilities of the personal representative." The court concluded:

Indeed, had the trial court determined that the arbitration agreement was unenforceable due to its religious nature, its action “could itself arguably constitute an impermissible entanglement” under religion clause jurisprudence.