Category Archives: *All Posts

A responsive pleading must set forth specifically and separately the affirmative defense of arbitration

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Generally, appellate review of a judgment of the Law Division confirming, correcting or modifying an arbitration award under the Alternative Procedure for Dispute Resolution Act is prohibited

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Because arbitration is so highly favored by the law, the presumed validity of the arbitration award is entitled to every indulgence, and the party opposing confirmation has the burden of establishing statutory grounds for vacation

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Parties should not confuse the arbitrator’s authority to render an award with the basis for that award

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Condominium associations are required to establish a fair and efficient procedure for the resolution of housing-related disputes between individual unit owners and the association, or between unit owners, as an alternative to litigation

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By agreeing to arbitrate a statutory claim, a party does not forgo the substantive rights afforded by the statute; it only submits to their resolution in an arbitral, rather than a judicial, forum

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Only those issues may be arbitrated which the parties have agreed shall be

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Collaborative Law in the Medical Malpractice field

Collaborative Law in the Medical Malpractice field For more information about the Integrated Accountability & Collaborative Transparency (“IACT”) Program for Medical Disclosure and Transparency, go HERE and HERE, published by the Carolina Dispute Settlement Services. NOTE from Paul G. Kostro, … Continue reading

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Ethics issues related to Collaborative Law

For those interested in the Ethics Issues related to Collaborative Law, I recommend reading the Discussion draft of the American Bar Association; Section of Dispute Resolution; Collaborative Law Committee; Ethics Subcommittee: Summary of Ethics Rules Governing Collaborative Practice. See also … Continue reading

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Mediation on TV

It is finally here — see the new original television series on USA Network: Fairly Legal. I previously posted about this television show in my NJ Family Issues blog: Mediation is comming to television in a new drama series — … Continue reading

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