Arbitration offers a practical and efficient way for parties to resolve disputes. It is a common alternative to traditional court proceedings. During the arbitration process, experienced neutral attorneys or retired Superior Court judges hear arguments and review cases. At the end of the process, they render a non-binding decision. Compared to traditional litigation, arbitration is often less formal, less complex, and helps both parties resolve their dispute faster. Decisions should be taken seriously by all parties and can be a helpful aid.
Arbitrators in New Jersey are highly qualified professionals that have at least a decade of experience in a particular area of law. These arbitrators are selected by an Assignment Judge. In some situations, they are selected based on recommendations from local bar associations. A number of arbitrators previously served as Superior Court judges. This allows them to bring a wealth of experience to the cases that they hear. They are paid by the court on a per diem basis for their legal services.
The arbitration process is very straightforward and can be neatly broken down into four primary components.
New Jersey law streamlines the process of seeking compensation for motor vehicle accidents. Every driver in New Jersey must get Personal Injury Protection (“PIP”) insurance, according to N.J.S.A. 39:6A-3.2. If you are injured in a car accident, your car insurance will pay for your medical bills, regardless of who was at fault for the collision. Serious injury cases can still be advanced through negligence claims.
If you are unhappy with the decision rendered by the arbitrator, you can file for a “demand for a trial de novo” within 30 days of the decision. This filing then allows the case to proceed to a full trial. It is extremely important that deadlines are properly followed. Failing to act within 30 days can result in the award at arbitration being converted into a legally enforceable judgment. Parties that request a trial de novo are required to pay a fee to the court. They may also be liable for certain costs that accumulated if their legal position does not substantially improve at the full trial.
There are a number of advantages that come with arbitration, including:
In New Jersey, arbitration is mandatory for a number of different civil cases, including:
For many people and companies, arbitration can provide a less expensive, less stressful, and more efficient way to resolve disputes. It provides the opportunity for a fair outcome without the extended time and financial burden that nearly always comes with a court trial.
If you are injured in any accident and want to learn whether or not arbitration is right for your case, you can reach our experienced personal injury attorneys at Beninato & Matrafajlo. We can guide you through the legal process and take steps to ensure your best interests are being advanced. Whether you just have legal questions or would like a risk-free consultation, we are here for you. You can reach out to us anytime at 908-355-7100.