New Jersey Arbitration and Alternative Dispute Resolution Laws

by: Ronald J. Cappuccio, J.D., LL.M.(Tax)

Updated: September 27, 2001


This is a demonstration of the desired format

Introduction to ADR in New Jersey

New Jersey has a long history of inovative litigation management and litigation alternatives. Since the late 1970's there have been various attempts at improving case management culminating in the euphemistic "Best Practices." Personal Injury cases are subject to mandatory arbitration pursuant to R. 4:21A.

Attorney Fee Arbitration is binding on all parties.

New Jersey maintains a Mediation Program for civil. general equity and probate cases.

etc., etc., etc.

ADR in the US District Court for the District of New Jersey

Introduction

Local Rule 201.1 of the U.S. District Court for the District of NJ provide for mandatory arbitration of all civil cases under $150,000 (Local Rule 201.1(d)(1)Official District Court Site with Local Rulesas amended.

Arbitration Process

The Arbitration Hearing is held before a single arbitrator. The arbitrator is chosen by the Clerk from among the lawyers who have been certified as arbitrators by the Chief Judge. The hearing takes place on the date and time set forth in an order of the Court. The Court delegates authority to the arbitrator to control and regulate the scope and duration of the arbitration hearing, including ruling upon the admission of evidence, ruling upon objections to evidence, swearing witnesses, and preparing the Arbitration Award.

The Arbitrator's role is as a non-jury adjudicator of the facts based upon evidence and arguments presented at the arbitration hearing. The arbitrator is not a mediator, and the arbitrator shall not convene a settlement discussion at any point in the arbitration process unless all litigants have first explicitly requested the arbitrator to preside over settlement discussions. The Court intends that attorneys shall be prepared to present evidence through any combination of exhibits, affidavits, deposition transcripts, expert reports and, if desirable, live testimony. The Court envisions the presentation process to be somewhat similar to a combination of opening and closing arguments augmented by live testimony where necessary to aid the arbitrator's fact-finding function.

Local Rule 201.1(h)(1) provides for a trial de novo at the request of a party:
Any party may demand a trial de novo in the District Court by filing with the Clerk a written demand, containing a short and plain statement of each ground in support thereof, and serving a copy upon all counsel of record or other parties. Such a demand must be filed and served within 30 days after the arbitration award is filed and service is accomplished by a party... .

Forms for Arbitration

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3rd Circuit Appellate Mediation Program

Introduction

The Mediation program is outlined in Local Rule 33.0, et seq.

Mediation Process

Forms for Arbitration

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ADR in the Courts of New Jersey

Links, citations and SUMMARIES of the Cases and Court Rules here!!!

New Jersey Statutory Authority for Alternative Dispute Resolution

Links, citations and SUMMARIES of the Statutes go here!!!

Leading Cases Regarding ADR in New Jersey

Links, citations and SUMMARIES of the Cases go here!!!

Administrative Court and Agency ADR in NJ

Links, citations and SUMMARIES of the Cases go here!!!