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Archive for the ‘Alternative Dispute Resolution’ Category

*All Posts,Arbitration

The Federal Arbitration Act

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November 27, 2011 at 2:24 pm

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*All Posts,Arbitration

The proponent of arbitration has the burden to establish the existence of an agreement to arbitrate

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April 17, 2011 at 1:59 pm

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*All Posts,Arbitration

New Jersey case law strictly limits the circumstances where the trial court may modify, correct or vacate an arbitration award

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April 13, 2011 at 12:58 pm

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*All Posts,Appeal,Arbitration

All orders compelling or denying arbitration are deemed final for purposes of appeal

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March 29, 2011 at 11:14 am

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*All Posts,Arbitration,Laches

A plaintiff may not file suit, participate in discovery, secure interim relief, and then be heard to complain that the court is not a proper forum and that arbitration should be compelled

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March 21, 2011 at 4:05 pm

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*All Posts,Arbitration

Circumstances under which an arbitration award may be modified

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February 23, 2011 at 12:49 pm

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*All Posts,Arbitration

PIP Arbitration

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February 15, 2011 at 4:58 pm

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*All Posts,Arbitration

Parties are not bound to arbitrate on an all-or-nothing basis, but may choose to submit discrete issues to the arbitrator

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February 8, 2011 at 1:31 pm

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*All Posts,Mediation

Illusory or metaphysical doubts about the performance of a mediator’s services will not suffice to engender an erosion of confidence in the product of such process

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February 8, 2011 at 1:28 pm

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*All Posts,Mediation,Property-settlement-agreement,Settlement agreement

Courts daily approve divorce settlements upon the express finding that it does not pass upon the fairness or merits of the agreement, so long as the parties acknowledge that the agreement was reached voluntarily and is for them, at least, fair and equitable

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February 8, 2011 at 1:25 pm

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