Arbitration Services

Arbitration

The arbitration process allows a neutral and independent person to adjudicate a dispute between parties.  Under the provisions of the New Jersey Arbitration Act (“Act”) an arbitration allows for a more efficient and expeditious resolution to a dispute than traditional litigation.

In an arbitration the New Jersey Civil Court Rules apply as the procedural law. However, arbitration is an attractive option because the parties can be responsible for determining the jurisdiction, venue and applicable substantive law.

The parties to an arbitration will attend a hearing in which each party shall have the opportunity to present their arguments through traditional litigation methods, including presenting testimony and evidence material to the controversy, as well as the cross-examination of witnesses.

An arbitrator has the power to hold conferences with the parties before the hearing and, among other matters, determine the admissibility, relevance, materiality, and weight of any evidence.   Moreover, an arbitrator has the power to determine summary judgment requests prior to the hearing.

An arbitrator may also permit discovery, including issuing subpoenas, limiting discovery, compelling the production of documents, as well as issuing protective orders to prevent the disclosure of privileged and/or confidential information.

After the hearing is concluding, the Arbitrator makes an Award, which is a final decision, subject only to particular reviews as set forth in the Act.  An arbitrator may award punitive damages or other exemplary relief, including reasonable attorney's fees and other expenses of arbitration if such an award is authorized by law in a civil action involving a similar claim.

Principally, arbitration allows for a cost-effective and fair adjudication of disputes in an effective manner.   Parties with any type of civil claim may benefit from the use of arbitration proceedings, particularly disputes involving complex commercial claims, labor and employment, product liability and contract matters.

The frustration of the rising cost and expended time for litigation can be circumvented by an arbitration proceeding when parties couple the efficient arbitration process with the experience of a knowledgeable arbitrator.

Mr. Gelson has been selected and served as an arbitrator in many commercial disputes, including construction litigation, employment litigation and franchise litigation.  In addition to being named a New Jersey Super Lawyer in ADR each year since 2005, Mr. Gelson was recently named by New York Magazine as one of the “New York Area’s Best Lawyers” in Alternative Dispute Resolution.

Contact our experienced arbitrators today

If you need a qualified mediator to resolve your dispute, call NJ Mediator today at 732.919.1044 or contact us online. For directions to our office visit our Maps & Directions page.