Resolving New Jersey Disputes: Arbitration
Arbitration: 5 Important Points
- Recommendation vs Decision
In mediation, the mediator assists the parties in reaching a consensual resolution and settlement, and may also make recommendations on ways of resolving any or all issues in dispute. In binding arbitration, however, the arbitrator actually decides disputed issues for the parties, and the parties agree in advance to adhere to the arbitrator’s decision.
- Informal Discussions vs Testimony
In mediation, there may be many informal discussions involving the parties, their attorneys (if represented), and the mediator, but no testimony. In arbitration, however, the proceeding may involve testimony of the parties and witnesses, including direct and cross-examination. Further, documents may be admitted into evidence by the arbitrator for consideration during the proceeding.
- Why Some Litigants Prefer Arbitration to Court
Some litigants prefer arbitration to a courtroom trial because the case may be addressed and concluded faster in an arbitration proceeding than waiting months or longer for a trial date. Further, the parties and their attorneys may reach advance agreements on the rules of arbitration relating to testimony and other evidence. Once the arbitrator reaches a decision, a party may file an application with the court for the court to enter a judgment based upon the terms of the award (i.e, a process known as confirming the arbitration award). Other litigants, however, prefer court to arbitration.
- Arbitration is Not in Courtroom
Some people prefer arbitration to court because arbitration does not have to take place in a courtroom, where in some cases, any member of the public could walk in and listen to testimony about personal aspects of your life. Arbitration generally takes place in a mutually-agreed upon office, where members of the public having no connection to the case cannot simply walk in and sit down to watch and listen to the testimony and evidence.
- Calendar and Scheduling
When a case is pending before a court, the parties generally must work their schedules around the dates and times for trial or other proceedings set by the court. Further, the case may be one of many matter which the court has to address on particular day, meaning that multiple litigants from many cases are all competing for the same judge’s time. With arbitration, the parties and their attorneys set up specifically reserved dates and times for their proceedings, without having to compete with other cases scheduled at the same time.
Any case can be peacefully and fairly resolved
with reason and understanding.
Lawrence R. Jones Mediation and Arbitraction Serving; Mercer County NJ, Somerset County NJ, Gloucester County NJ, Atlantic County NJ, Sussex County NJ, Cumberland County NJ, Hunterdon County NJ, Warren County NJ, Cape May County NJ, Salem County NJ, Bergen County NJ, Essex County NJ, Middlesex County NJ, Monmouth County NJ, Hudson County NJ, Ocean County NJ, Union County NJ, Camden County NJ, Passaic County NJ, Morris County NJ, Burlington County NJ