NEW JERSEY LAW DIVISION ARBITRATION FAQS

WHAT IS A NEW JERSEY LAW DIVISION ARBITRATION?

A New Jersey Law Division arbitration is a process by which each party and/or its counsel presents its case to a neutral third party, who then renders a specific award. The parties may stipulate in advance of the New Jersey Law Division arbitration that the award shall be binding.  A New Jersey Law Division arbitration occurs after a lawsuit is filed and before the case goes to trial.  A New Jersey Law Division arbitration is a method of resolving civil disputes that is an alternative to a New Jersey Law Division trial.  Some New Jersey Law Division cases never go to trial because the parties are satisfied with the decision made at the New Jersey Law Division arbitration.

WHO ARE NEW JERSEY LAW DIVISION ARBITRATORS?

New Jersey Law Division arbitrators are neutral attorneys appointed by the New Jersey Law Division to conduct a hearing regarding the facts and law of the case and to make a decision based on their findings at the New Jersey Law Division arbitration.    Sometimes the New Jersey Law Division arbitrators are very knowledgeable about the New Jersey Law Division case that they are asked to arbitrate.   Other times, the New Jersey Law Division arbitrators know very little about the law that governs the New Jersey Law Division case that they are asked to arbitrate.  Court arbitrators must have the minimum qualifications prescribed by Rule 4:21A-2 and must be annually recommended for inclusion on the approved roster by the local arbitrator selection committee and approved by the New Jersey Law Division’s assignment judge or designee. All arbitrators shall attend initial training of at least three classroom hours and continuing training every two years of at least two hours in courses approved by the Administrative Office of the New Jersey Law Divisions.  With some exceptions, a single arbitrator designated by the civil division manager, including a retired judge not on recall, shall be paid a per diem fee of $350. Two-arbitrator panels shall be paid a total per diem fee of $450, to be divided evenly between the panel members.

WHAT TYPES OF CASES UNDERGO A NEW JERSEY LAW DIVISION ARBITRATION?

New Jersey Law Division Arbitration under the New Jersey Court Rules is mandatory for applicable cases on Tracks I, II, and III, as set forth in paragraphs (1), (2), and (3) below, and only as required by the managing judge for cases on Track IV, except that cases having undergone a prior, unsuccessful court-ordered mediation shall not be scheduled for arbitration unless the New Jersey Law Division finds good cause for the matter to be arbitrated or unless all parties request arbitration:  (1) Automobile Negligence Actions. All tort actions arising out of the operation, ownership, maintenance or use of an automobile shall be submitted to arbitration in accordance with the New Jersey Court Rules.  (2) Other Personal Injury Actions. Except for professional malpractice and products liability actions, all actions for personal injury not arising out of the operation, ownership, maintenance or use of an automobile shall be submitted to arbitration in accordance with the New Jersey Court Rules.  (3) Other Non-Personal Injury Actions. All actions on a book account or instrument of obligation, all personal injury protection claims against plaintiff's insurer, and all other contract and commercial actions that have been screened and identified as appropriate for arbitration shall be submitted to arbitration in accordance with the New Jersey Court Rules.  (4) Voluntary Arbitration. Any action not subject to mandatory arbitration pursuant to subsections (1), (2), or (3) of paragraph (a) of this rule may be submitted to arbitration on written stipulation of all parties filed with the civil division manager. 

MAY CASES BE REMOVED FROM NEW JERSEY LAW DIVISION ARBITRATION?

Prior to the notice of the scheduling of the case for arbitration or within 15 days thereafter, the case may be removed from arbitration upon submission to the New Jersey Law Division arbitration administrator of a certification stating with specificity that the controversy involves novel legal or unusually complex factual issues or is otherwise ineligible for arbitration pursuant to paragraph (a). A copy of this certification must be provided to all other parties. A party who objects to removal shall so notify the New Jersey Law Division arbitration administrator within ten days after the receipt of the certification, and the matter will then be referred to a judge for determination. The New Jersey Law Division arbitration administrator shall, however, remove the case from arbitration if no objection is made and the reasons for removal certified to are sufficient.  If either party seeks to remove a case from arbitration subsequent to 15 days after the notice of hearing, a formal motion must be made to the Civil Presiding Judge or designee.

HOW SHOULD I KNOW THAT MY CASE IS SCHEDULED FOR A NEW JERSEY LAW DIVISION ARBITRATION?

Active parties to a lawsuit normally receive a notice from the New Jersey Law Division sent to the address on file with the New Jersey Law Division.  That notice states the time and place of the New Jersey Law Division arbitration hearing and its date, which shall not be earlier than 45 days following the date of the notice. Unless the parties otherwise consent in writing, the hearing shall not be scheduled for a date prior to the end of the applicable discovery period, including any extension thereof. The hearing shall take place, however, no later than 60 days following the expiration of that period, including any extension. Adjournments of the scheduled date shall be permitted only as provided by R. 4:36-3(b).

WHAT CAN I EXPECT TO HAPPEN AT MY NEW JERSEY LAW DIVISION ARBITRATION HEARING?

The New Jersey Law Division arbitration is a hearing usually conducted in a conference room at the New Jersey Law Divisionhouse and no verbatim record shall be made thereof. Witness fees shall be paid as provided for trials in the Superior Court.  Each party to the New Jersey Law Division case is present (or if they are a defendant, one of their representatives and/or their attorney is/are present).   Witnesses who are not parties to the New Jersey Law Division case may also be present at the New Jersey Law Division arbitration.  One or more New Jersey Law Division arbitrators oversee the New Jersey Law Division arbitration process and decide who wins and who loses the New Jersey Law Division arbitration.  The New Jersey Law Division arbitration is conducted by either a single arbitrator or by a two-arbitrator panel, as determined by an assignment judge.   The New Jersey Law Division arbitrator may issue subpoenas to compel the appearance of witnesses before the panel, to compel production of relevant documentary evidence, to administer oaths and affirmations, to determine the law and facts of the case, and generally to exercise the powers of a court in the management and conduct of the hearing.  The New Jersey Law Division arbitrator shall admit all relevant evidence and shall not be bound by the rules of evidence. In lieu of oral testimony, the New Jersey Law Division arbitrator may accept affidavits of witnesses; interrogatories or deposition transcripts; and bills and reports of hospitals, treating medical personnel and other experts provided the party offering the documents shall have made them available to all other parties at least one week prior to the hearing. In the discretion of the New Jersey Law Division arbitrator, police reports, weather reports, wage loss certifications and other documents of generally accepted reliability may be accepted without formal proof.  The New Jersey Law Division arbitrator's findings of fact and conclusions of law shall not be evidential in any subsequent trial de novo, nor shall any testimony given at the New Jersey Law Division arbitration hearing be used for any purpose at such subsequent trial. Nor may the New Jersey Law Division arbitrator be called as a witness in any such subsequent trial.  Normally, parties and their witnesses are sworn to tell the truth and provide testimony during the New Jersey Law Division arbitration and attorneys or pro se litigants make legal argument about their positions in the New Jersey Law Division case.  Each party’s attorney or pro se parties are given an opportunity to cross examine their opponents’ witnesses in an effort to challenge their allegations.  If a party’s deposition was taken or interrogatories answered, the opponents may use the depositions or interrogatories to find fault with the case or its defense.  Based on the testimony provided by the witnesses and the legal arguments made by the parties’ attorneys, the New Jersey Law Division arbitrator(s) make a decision for one or more of the parties – someone shall win and someone shall lose.  The New Jersey Law Division arbitrator prepares a written decision and provides a copy to each party.   The decision is called an “award” regardless of whether any party to the New Jersey Law Division case actually wins or loses any money.   If not so stipulated, the provisions of Rule 4:21A-6 (Entry of Judgment; Trial De Novo) shall be applicable to the New Jersey Law Division arbitration.  Sometimes, Superior Court of New Jersey, Law Divison cases settle before arbitration, in which case the attorneys or pro se parties shall report the settlement to the civil division manager and an order dismissing the action shall be entered.

WHAT HAPPENS IF A PARTY FAILS TO APPEAR AT A NEW JERSEY LAW DIVISION ARBITRATION HEARING?

An appearance on behalf of each party is required at the New Jersey Law Division arbitration hearing. If the party claiming damages does not appear, that party's pleading shall be dismissed. If a party defending against a claim of damages does not appear, that party's pleading shall be stricken, the New Jersey Law Division arbitration shall proceed and the non-appearing party shall be deemed to have waived the right to demand a trial de novo. Relief from any order entered pursuant to this rule shall be granted only on motion showing good cause and on such terms as the New Jersey Law Division may deem appropriate, including litigation expenses and attorney's fees incurred for services directly related to the non-appearance.

WHAT HAPPENS AFTER THE NEW JERSEY LAW DIVISION ARBITRATION HEARING?

The award is not subject to appeal but rather, rejection or acceptance.  A party’s or defendant(s) may reject the award or you may accept the award.  More specifically, a party’s case shall be dismissed forever (and that party shall never have an opportunity to recover any damages) unless one of the following occurs:  (1) within 30 days after the filing of the New Jersey Law Division arbitration award, a party files (and serves on their adversaries) a notice of rejection of the award and demand for a trial and pays a fee in the amount of $200 towards the New Jersey Law Division arbitrator's fee; or  (2) within 50 days after the filing of the New Jersey Law Division arbitration award, the parties submit a consent order to the New Jersey Law Division detailing the terms of a settlement and providing for dismissal of the action or for entry of judgment; or  (3) within 50 days after the filing of the New Jersey Law Division arbitration award, any party moves for confirmation of the New Jersey Law Division arbitration award and entry of judgment thereon.   This means that if, in the 30 day period, either side rejects the New Jersey Law Division arbitration, the award is eliminated and cannot be revived or collected by either party.  Normally, the New Jersey Law Division files the award on the date that the New Jersey Law Division arbitration occurred.  Accordingly, to be on the safe side, you should always presume that the clock for seeking a de novo or for confirming an award is ticking from this date forward.    In certain cases, there may be penalties associated with rejecting a monetary arbitration awards.  For, if a party recovers a money award at arbitration and then fails to obtain a trial verdict at least 20 percent more favorable than the award, that party shall be liable for their opponent’s adversaries’ attorney’s fees, witness fees and costs.  However, a party’s liability for attorney's fees shall not exceed $750 in total nor $250 per day and a party’s liability for witness costs shall not exceed $500.  Thus, it is possible that, even were a party to go to trial and receive a sum 20 percent less than what they were awarded at arbitration, a party’s adversaries would only be entitled to recover $1,250.00 plus reasonable costs (a small sum when you consider the total value of a party’s case).  There are exceptions to this rule, such as where a party is entitled to recover attorney’s fees and/or costs for other legal reasons. 

DOES THE LAW OFFICE OF PAUL DEPETRIS HAVE EXPERIENCE HANDLING NEW JERSEY LAW DIVISION CASES?

Yes.  Paul DePetris has performed the following tasks:

• handled New Jersey cases for plaintiffs and defendants across New Jersey, from Bergen County to Cumberland County, including representations of individuals, small businesses and large corporations.
• settled New Jersey cases for plaintiffs and defendants across New Jersey.
• reviewed many New Jersey Law Division arbitration agreements.
• enforced many New Jersey Law Division arbitration agreements.
• provided New Jersey Law Division pro se parties with New Jersey Law Division legal advice and prepared New Jersey Law Division legal forms
• prepared and filed many New Jersey Law Division
• complaints
• tried New Jersey Law Division jury trials
• mediated many New Jersey cases
• argued New Jersey Law Division motions
• handled New Jersey Law Division proof hearings
• handled New Jersey Law Division post judgment collection proceedings

Mr. DePetris has appeared before the Superior Court of New Jersey in the following counties:

IN WHAT NEW JERSEY COUNTIES WILL THE LAW OFFICE OF PAUL DEPETRIS HANDLE NEW JERSEY LAW DIVISION CASES?

The Law Office of Paul DePetris offers to handle and help individuals and businesses with New Jersey Law Division Claims cases in North, Central and Southern New Jersey, including cases in the following New Jersey counties:

WHAT IF I DON’T HAVE ENOUGH MONEY TO HIRE AN ATTORNEY TO HANDLE MY NEW JERSEY LAW DIVISION CASE FROM BEGINNING TO END?

In many situations, the Law Office of Paul DePetris offers alternatives to handling New Jersey Law Division cases for an hourly fee, such as by offering to handle a party’s New Jersey Law Division case up to trial for a fixed fee or to help you handle a party’s New Jersey Law Division case by a party’sself.  Such flexible methods may allow you to keep the amount legal fees you spend on a party’s New Jersey Law Division case to a fixed sum, while providing you the help you need to handle a party’s New Jersey Law Division case.  For a no obligation phone consultation about what the Firm might be able to do for you, call Mr. DePetris at 609-714-2020 or write an email to Mr. DePetris at paul@newjerseyspecialcivil.com.