How Does Arbitration Work in Voorhees NJ?

Every legal process has its benefits and negative points, depending on which side of the negotiating table you are standing on — plaintiff or defendant. In the State of New Jersey, there are some civil cases in which arbitration is mandatory. These cases include those involving automobile negligence, personal injury and some commercial cases.

Arbitrators are experienced and knowledgeable, yet neutral, lawyers or retired Superior Court judges in New Jersey. Arbitrators must have at least seven years experience in the area of the law in question. Further there is mandatory training and continuing education for attorneys and judges who seek to be arbitrators. Depending on which New Jersey county you live, an arbitration panel can be made up of two individuals or a single arbitrator.

Since the arbitrator hears both sides of the case, and views evidence presented by both sides, they are guided by court conduct and will issue a decision at the conclusion of the arbitration hearing. The decision is announced in front of both sides and a written award is submitted.

What can you do if you are not satisfied with the award handed down by the arbitrator in your case? You must file a request, within 30 days, for a “trial de novo.” This is an official request to have a trial with a judge who will hear the case and make a final decision. It’s important to note that the requesting party will be made to pay the other side’s attorney’s fees if the arbitration award isn’t modified at trial.

If you and the other party agree to accept the award issued by the arbitrator, the award is legally enforceable and binding.

If you find yourself facing an arbitration hearing, make sure you are represented by a lawyer with significant experience in this area of dispute resolution. Howard Mendelson of Davis & Mendelson in Voorhees, NJ, has guided many clients successfully through both arbitration and mediation of civil matter. Contact him today to learn more about how he can protect your rights.