Law Office Of Paul DePetris
paul@newjerseylemon.com

New Jersey Arbitration Facts

Read below to learn more about this topic.

Or, to receive a no cost phone consultation about what the Law Office of Paul DePetris might be able to do for you, call Mr. DePetris at 609-714-2020 or send an email to Mr. DePetris at paul@newjerseylemon.com.

The information in this article is only for New Jersey Law Division, Civil Part cases and not for other New Jersey court cases, such as those in New Jersey Special Civil Court, New Jersey Small Claims Court or New Jersey Chancery Court!!! Do not use this article if you have a New Jersey Special Civil Court, New Jersey Small Claims Court or New Jersey Chancery Court case!!! Also, no website is a substitute for competent advice from a New Jersey lawyer!

Warning – this article does not necessarily include each and every New Jersey court rule that may apply to your New Jersey case! The Law Office of Paul DePetris does not guarantee that the statutes, rules, codes, files or forms on this website are the latest versions of the statutes, rules, codes, files or forms, that they lack typographical errors or that they have not been amended, repealed or superseded by other federal or state law. The New Jersey Statutes, United States Statutes, New Jersey Administrative Code and Federal Code in this database are not annotated. Accordingly, this database may include laws that: (1) never became operable due to unmet conditions; (2) expired; (3) were repealed or amended; (4) were declared void by a court of law; (5) or are otherwise invalid. Further, effective dates of the laws are not necessarily included in the database. Accordingly, you should not rely upon the statutes, rules, codes, files or forms on this website contained in this database for any purpose and before taking any legal measures, you instead should read all applicable federal and state source law and case law and consult with an attorney for any changes in the laws. Be certain to cross reference all applicable rules before preparing, filing or serving any papers!!! For example, Special Civil Part Rules often cross reference other rules – rules that apply to Special Civil Part Cases as well as to other types of civil cases not being heard in Special Civil Part.

WHAT IS A NEW JERSEY ARBITRATION?
A New Jersey arbitration is a process by which each a New Jersey plaintiff or New Jersey defendant presents its case to a neutral third a New Jersey plaintiff or New Jersey defendant, who then renders a specific award. The New Jersey plaintiffs or New Jersey defendants may stipulate in advance of the New Jersey arbitration that the New Jersey arbitration award shall be binding. A New Jersey arbitration occurs after a New Jersey lawsuit is filed and before the New Jersey case goes to New Jersey trial. A New Jersey arbitration is a method of resolving New Jersey civil disputes that is an alternative to a New Jersey New Jersey trial. Some New Jersey cases never go to New Jersey trial because the New Jersey plaintiffs or New Jersey defendants are satisfied with the New Jersey arbitration award made at the New Jersey arbitration.

WHO ARE NEW JERSEY ARBITRATORS?
New Jersey arbitrators are neutral New Jersey attorneys appointed by the New Jersey to conduct a hearing regarding the facts and law of the New Jersey case and to make a decision based on their findings at the New Jersey arbitration. Sometimes the New Jersey arbitrators are very knowledgeable about the New Jersey case that they are asked to arbitrate. Other times, the New Jersey arbitrators know very little about the law that governs the New Jersey 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’s assignment judge or designee. All New Jersey 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 Jerseys. With some exceptions, a single New Jersey arbitrator designated by the New Jersey civil division manager, including a retired judge not on recall, shall be paid a per diem fee of $350. Two-arbitrator New Jersey arbitration panels shall be paid a total per diem fee of $450, to be divided evenly between the New Jersey arbitration panel members.

WHAT TYPES OF CASES UNDERGO A NEW JERSEY ARBITRATION?
New Jersey Arbitration under the New Jersey Court Rules is mandatory for applicable New Jersey 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-New Jersey ordered mediation shall not be scheduled for a New Jersey arbitration hearing unless the New Jersey finds good cause for the matter to be arbitrated or unless all New Jersey plaintiffs or New Jersey defendants request arbitration: (1) Automobile Negligence New Jersey case. All tort New Jersey case 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 New Jersey case. Except for professional malpractice and products liability New Jersey case, all New Jersey case 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 New Jersey case. All New Jersey case on a book account or instrument of obligation, all personal injury protection claims against plaintiff's insurer, and all other contract and commercial New Jersey case that have been screened and identified as appropriate for a New Jersey arbitration hearing shall be submitted to arbitration in accordance with the New Jersey Court Rules. (4) Voluntary Arbitration. Thection not subject to mandatory New Jersey arbitration pursuant to subsections (1), (2), or (3) of paragraph (a) of this rule may be submitted to New Jersey arbitration on written stipulation of all New Jersey plaintiffs or New Jersey defendants filed with the New Jersey civil division manager.

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

HOW SHOULD I KNOW THAT MY CASE IS SCHEDULED FOR A NEW JERSEY ARBITRATION?
Active New Jersey plaintiffs or New Jersey defendants to a New Jersey lawsuit normally receive a notice from the New Jersey sent to the address on file with the New Jersey. That notice states the time and place of the New Jersey arbitration hearing and its date, which shall not be earlier than 45 days following the date of the notice. Unless the New Jersey plaintiffs or New Jersey defendants otherwise consent in writing, the New Jersey arbitration hearing shall not be scheduled for a date prior to the end of the applicable New Jersey discovery period, including any extension thereof. The New Jersey arbitration hearing shall take place, however, no later than 60 days following the expiration of that period, including any extension. Adjournments of the scheduled New Jersey arbitration hearing date shall be permitted only as provided by R. 4:36-3(b).

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

WHAT HAPPENS IF A NEW JERSEY PLAINTIFF OR NEW JERSEY DEFENDANT FAILS TO APPEAR AT A NEW JERSEY ARBITRATION HEARING?
An appearance on behalf of each a New Jersey plaintiff or New Jersey defendant is required at the New Jersey arbitration hearing. If the a New Jersey plaintiff or New Jersey defendant claiming damages does not appear, that a New Jersey plaintiff or New Jersey defendant's pleading shall be dismissed. If a New Jersey plaintiff or New Jersey defendant defending against a claim of damages does not appear, that a New Jersey plaintiff or New Jersey defendant's pleading shall be stricken, the New Jersey arbitration shall proceed and the non-appearing a New Jersey plaintiff or New Jersey defendant shall be deemed to have waived the right to demand a New Jersey trial de novo. Relief from any New Jersey order entered pursuant to this rule shall be granted only on New Jersey motion showing good cause and on such terms as the New Jersey court 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 ARBITRATION HEARING?
The New Jersey arbitration award is not subject to appeal but rather, rejection or acceptance. A New Jersey plaintiff or New Jersey defendant’s or defendant(s) may reject the New Jersey arbitration award or you may accept the New Jersey arbitration award. More specifically, a New Jersey plaintiff or New Jersey defendant’s case shall be dismissed forever (and that a New Jersey plaintiff or New Jersey defendant 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 arbitration award, a New Jersey plaintiff or New Jersey defendant files (and serves on their adversaries) a notice of rejection of the New Jersey arbitration award and demand for a New Jersey trial and pays a fee in the amount of $200 towards the New Jersey arbitrator's fee; or (2) within 50 days after the filing of the New Jersey arbitration award, the New Jersey plaintiffs or New Jersey defendants submit a consent New Jersey order to the New Jersey detailing the terms of a settlement and providing for dismissal of the New Jersey case or for entry of judgment; or (3) within 50 days after the filing of the New Jersey arbitration award, the New Jersey plaintiff or New Jersey defendant moves for confirmation of the New Jersey arbitration award and entry of judgment thereon. This means that if, in the 30 day period, either side rejects the New Jersey arbitration, the New Jersey arbitration award is eliminated and cannot be revived or collected by either a New Jersey plaintiff or New Jersey defendant. Normally, the New Jersey files the New Jersey arbitration award on the date that the New Jersey arbitration occurred. Accordingly, to be on the safe side, you should always presume that the clock for seeking a de novo or for confirming a New Jersey arbitration award is ticking from this date forward. In certain New Jersey cases, there may be penalties associated with rejecting monetary New Jersey arbitration awards. For, if a New Jersey plaintiff or New Jersey defendant recovers a money New Jersey arbitration award at arbitration and then fails to obtain a New Jersey trial verdict at least 20 percent more favorable than the New Jersey arbitration award, that a New Jersey plaintiff or New Jersey defendant shall be liable for their opponent’s adversaries’ attorney’s fees, New Jersey arbitration witness fees and costs. However, a New Jersey plaintiff or New Jersey defendant’s liability for attorney's fees shall not exceed $750 in total nor $250 per day and a New Jersey plaintiff or New Jersey defendant’s liability for New Jersey arbitration witness costs shall not exceed $500. Thus, it is possible that, even were a New Jersey plaintiff or New Jersey defendant to go to New Jersey trial and receive a sum 20 percent less than what they were awarded at arbitration, a New Jersey plaintiff or New Jersey defendant’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 New Jersey plaintiff or New Jersey defendant’s case). There are exceptions to this rule, such as where a New Jersey plaintiff or New Jersey defendant is entitled to recover attorney’s fees and/or costs for other legal reasons.

NEED HELP WITH YOUR NEW JERSEY CASE?
Handling your New Jersey case wrong from the beginning may only cost you more money and time in the end!! Do it right the first time by seeking legal advice from a competent New Jersey lawyer!
Let the Law Office of Paul DePetris help you with your New Jersey case. Not all New Jersey cases require you to pay expensive legal fees to get legal help.

WHY SHOULD NEW JERSEY PRO SE PLAINTIFFS AND NEW JERSEY PRO SE DEFENDANTS SEEK HELP FROM A NEW JERSEY LAWYER?
Handling your New Jersey case wrong from the beginning may only cost you more money and time in the end!! Do it right the first time by seeking legal advice from a competent New Jersey lawyer!
Many New Jersey pro se plaintiffs and New Jersey pro se defendants make the mistake of not consulting a New Jersey lawyer before filing New Jersey Court papers only to later learn that the New Jersey pro se plaintiffs and New Jersey pro se defendants made serious mistakes that could cause them to lose their New Jersey case. Let the Law Office of Paul DePetris help you with your New Jersey case.

CAN I RELY ON NEW JERSEY COURT PERSONNEL FOR LEGAL ADVICE?
New Jersey Court employees cannot give you “free” legal advice and a New Jersey Court judge may refuse to let you claim that you were right in taking an action (or in deciding not to take action) because you relied on advice from such employees. Most New Jersey Court employees are not trained New Jersey attorneys and therefore, they may not know what advice to give you. Working at the New Jersey Court as a non-judge is not the same as practicing law.

CAN I RELY ON NEW JERSEY COURT FORMS PROVIDED BY THE NEW JERSEY COURT?
The New Jersey Court usually provides certain types of New Jersey Court legal forms to the public and those forms are often very helpful. However, beware relying on New Jersey Court forms provided by the New Jersey Court – the New Jersey Court forms are often deceptively simple, while New Jersey cases often are much more complex than they first appear to be. There is simply no substitute for a competent New Jersey attorney licensed to practice law in New Jersey who has experience handling New Jersey cases. New Jersey Court forms don’t talk and New Jersey Court forms and their directions rarely, if ever, cover every possible situation, set of facts or legal issue that may arise in a New Jersey case. Each New Jersey case has its own particular legal issues and therefore, its own challenges. If you can afford a competent New Jersey attorney, it is best to have the New Jersey attorney prepare your New Jersey Court paperwork for you.

CAN I HANDLE A NEW JERSEY CASE MYSELF?
Many New Jersey pro se plaintiffs and New Jersey pro se defendants can and do successfully handle New Jersey cases, from filing the first paperwork to the collection of a New Jersey Court judgment. However, many other New Jersey pro se plaintiffs and New Jersey pro se defendants also make mistakes that lead to the dismissal of their New Jersey cases or that result in the entry of a New Jersey Court money judgment against them. The greater the money at stake, the greater the reason to consider using the services of a competent attorney licensed to practice law in New Jersey to handle part or all of the New Jersey case. The following are reasons to use an attorney to handle part or all of your New Jersey case:
• New Jersey Court fees often change
• New Jersey Court rules often change
• New Jersey Court employees cannot give you “free” legal advice and a New Jersey Court judge may refuse to let you claim that you were right in taking an action (or in deciding not to take action) because you relied on advice from such employees
• New Jersey Court forms available on websites may not cover every situation you may face in Court
• each New Jersey case has its own particular legal issues and therefore, its own challenges
• it is very common for New Jersey pro se plaintiffs and New Jersey pro se defendants to file inadequate or incorrect New Jersey Court complaints that result in the New Jersey Court complaints or answers to New Jersey Court complaints being rejected by the New Jersey Court or being dismissed by the New Jersey Court after filing and before or after trial because of procedural deficiencies.
• it is not uncommon for judges to get very frustrated by an unrepresented party’s lack of preparation or ignorance of the facts or law of the New Jersey case.
• a Court has the power to punish unprepared New Jersey plaintiffs and New Jersey defendants, such as by throwing their New Jersey case out of Court or limiting what they can present at the New Jersey Court trial.
• New Jersey has many published cases, laws, regulations, Court rules and rules of evidence that can be very tricky to understand and that can be used to prevent you from doing much of what you want to do at the New Jersey Court trial.
• it is very common for Courts to refuse to allow a party to use or refer to documents or items at the New Jersey Court trial that the person themselves never prepared. Often New Jersey plaintiffs and New Jersey defendants stumble into New Jersey Court with a video, photograph, bill or affidavit or other form of written statement, thinking they are going to use it as proof that they lost money or that they are not responsible for someone else’s damages, only to have a New Jersey Court judge tell the New Jersey plaintiffs and New Jersey defendants that it is not going to even consider such items or documents.
• without the proper preparation, items and documents may never be considered by the New Jersey Court. Also, if there are any legal issues to be dealt with at the New Jersey Court trial, you must be prepared to argue them, which may require you to refer to Court rules, evidence rules, laws, regulations or published cases.
• you cannot show up at the New Jersey Court expecting the judge hearing your New Jersey case to explain Court rules, evidence rules, Court procedure or the details of the law that applies to your New Jersey case. The judge hearing your New Jersey case is not permitted to give you legal advice.

It is important to remember that even if you have an attorney, you could lose your New Jersey case. Hiring an attorney to handle part or all of your New Jersey case does not guarantee your success. However, it may provide what is needed to win your New Jersey case or to avoid certain mistakes.

DOES THE LAW OFFICE OF PAUL DEPETRIS HAVE EXPERIENCE HANDLING NEW JERSEY CASES?
Yes. Paul DePetris has performed the following tasks:
• handled New Jersey cases for plaintiffs and defendants across New Jersey, from Bergen County New Jersey to Cumberland County New Jersey, including representations of individuals, small businesses and large corporations.
• settled New Jersey cases for plaintiffs and defendants across New Jersey.
• reviewed many New Jersey Court settlement agreements.
• enforced many New Jersey Court settlement agreements.
• provided New Jersey pro se plaintiffs and New Jersey pro se defendants with New Jersey Court legal advice and prepared New Jersey Court legal forms
• prepared and filed many New Jersey Court complaints
• tried New Jersey Court jury trials
• mediated many New Jersey cases
• argued New Jersey Court motions
• handled New Jersey Court proof hearings
• handled New Jersey Court post judgment collection proceedings

Mr. DePetris has appeared before the Superior Court of New Jersey in the following counties:
• Atlantic County New Jersey Court
• Bergen County New Jersey Court
• Burlington County New Jersey Court
• Camden County New Jersey Court
• Cape May County New Jersey Court
• Cumberland County New Jersey Court
• Essex County New Jersey Court
• Gloucester County New Jersey Court
• Hudson County New Jersey Court
• Mercer County New Jersey Court
• Middlesex County New Jersey Court
• Monmouth County New Jersey Court
• Morris County New Jersey Court
• Ocean County New Jersey Court
• Passaic County New Jersey Court
• Salem County New Jersey Court
• Somerset County New Jersey Court
• Sussex County New Jersey Court
• Union County New Jersey Court
• Warren County New Jersey Court

IN WHAT NEW JERSEY COUNTIES WILL THE LAW OFFICE OF PAUL DEPETRIS HANDLE NEW JERSEY CASES?
The Law Office of Paul DePetris offers to handle and help individuals and businesses with New Jersey Court Claims cases in North, Central and Southern New Jersey, including cases in the following New Jersey counties:
• Atlantic County New Jersey Court
• Bergen County New Jersey Court
• Burlington County New Jersey Court
• Camden County New Jersey Court
• Cape May County New Jersey Court
• Cumberland County New Jersey Court
• Essex County New Jersey Court
• Gloucester County New Jersey Court
• Hudson County New Jersey Court
• Mercer County New Jersey Court
• Middlesex County New Jersey Court
• Monmouth County New Jersey Court
• Morris County New Jersey Court
• Ocean County New Jersey Court
• Passaic County New Jersey Court
• Salem County New Jersey Court
• Somerset County New Jersey Court
• Sussex County New Jersey Court
• Union County New Jersey Court
• Warren County New Jersey Court

WHAT IF I DON’T HAVE ENOUGH MONEY TO HIRE AN ATTORNEY TO HANDLE MY NEW JERSEY CASE FROM BEGINNING TO END?
In many situations, the Law Office of Paul DePetris offers alternatives to handling New Jersey cases for an hourly fee, such as by offering to handle your New Jersey case up to trial for a fixed fee or to help you handle your New Jersey case by yourself. Such flexible methods may allow you to keep the amount legal fees you spend on your New Jersey case to a fixed sum, while providing you the help you need to handle your New Jersey 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 send an email to Mr. DePetris.
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