Business Law

Arbitration is extremely expensive. As is clear from the name, arbitration is also arbitrary. Lastly, arbitration can often be inconvenient as well.

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Many people like arbitration because it is much faster than the New Jersey Court system. Arbitration is also much more straightforward than litigation. Finally, arbitration is confidential.

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Depending on the mediator, the parties may start in a joint-session, where the mediator talks to all parties about the process of mediation and what the goals of mediation are. Sometimes the mediator will ask the representation for each party to make a short statement of their client’s position. After this initial joint-session, the parties will break out into separate rooms for the majority of the mediation as the mediator travels back and forth between the parties. The parties may come together again at the end of mediation if the matter is resolved, to sign a mediation agreement and go through the terms of the agreement.

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The litigant plays a crucial role in the mediation process. While the mediator does not always request to speak with the litigant, the litigant should be prepared regardless. To that end, there are a number of things the litigant should do to prepare for mediation:

• Know your case
• Discuss how you feel
• How to dress

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Mediation is an out-of-court process where the parties to litigation go before a neutral third-party to attempt to resolve their claims.

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If you have signed an arbitration agreement and ultimately need to sue someone, you have waived your right to a jury trial. This means that even if you would like to bring a case in state court, you are not allowed to by operation of the arbitration agreement. In the event you attempt to bring a claim in the Courts of New Jersey, the opposing party can make a motion to enforce the arbitration agreement, and will likely be successful.

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Arbitration is an alternate form of dispute resolution. In arbitration, a party may file their claim with a private arbitration company, such as American Arbitration Association (AAA) or JAMS, Inc. The party does not file a case with the Courts of New Jersey. Instead of a trial of peers, arbitration involves a review and determination on the outcome of the matter by either an individual or panel of arbitrators. Like a trial, each side will have the opportunity to present their case. A determination will be reached by the arbitrator or panel which will be binding on all parties. The dispute cannot then be brought in court. It is fully and finally resolved through the arbitration process.

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