New Jersey Arbitration Attorney’s

What Is Arbitration?

Arbitration is a method for resolving disputes that is a common alternative to the court system.  Parties to a contract can agree to refer any potential disputes to an arbitrator of their choosing.  Most contractual arbitration clauses further provide that the arbitrator’s decision will be final and binding upon the parties.  Litigation in the traditional courtroom setting can be costly and time consuming.  To avoid these costs, parties often choose to use the alternative venue of arbitration or alternative dispute resolution (ADR).

Arbitration is becoming increasingly common in New Jersey because so many companies, employers, insurance companies and contractors are adding arbitration clauses to their contracts.  Courts are motivated to enforce these clauses in order to reduce a long backlog of cases.

Arbitration clauses can be found in many types of agreements.  However, there are three main types of arbitration agreements:

  • Commercial arbitration: a dispute between two businesses.
  • Consumer arbitration: a dispute between a consumer and the provider of goods. Common examples include credit card companies, health insurers, and contractors.
  • Labor arbitration: employment related disputes.

Determining Whether Your Dispute Is Subject to Arbitration

Some contracts may not clearly specify whether disagreements shall be subject to arbitration.  If there is a dispute as to whether arbitration is mandated under a contract, generally the courts will get involved to interpret the contractual language.  The courts will not rule on the merits of the case, but merely decide whether the contract calls for arbitration.

Disadvantages of Arbitration

Prior to agreeing to arbitration, consumers may want to consider the following disadvantages:

  • The arbitrator’s services may be costly. Even though the process is intended to be less costly than the court system, this is not always the case. This is particularly true where the parties retain a panel of arbitrators.
  • The arbitrator’s decision is usually final, with no appeals process.
  • Arbitrators often lack objectivity. Arbitration services market to major vendors of consumer products, and may owe allegiance to the company that hires them.

What Does the Arbitration Process Look Like?

First, the aggrieved party to the dispute will file a request for arbitration.  Usually, parties will have already signed an agreement specifying the agency to be used.  The arbitrator (or panel) will also likely be predetermined by the contract.  If none is specified, the parties will need to work together to select one.

Next, there will be one or more pre-hearing conferences, where the disputing parties will discuss the process with the arbitrator.  Preliminary matters such as confidentiality agreements will be discussed.  Next, there may be a period of discovery where the parties gather evidence.  This next stage is the hearing.  The hearing is often held in a neutral location, such as a conference room.  The hearing takes place much like a court proceeding.  Each party will make opening statements, and then present witnesses and evidence and be given a chance to cross-examine.  Some proceedings permit closing statements and post-hearing briefs.

After the hearing, the arbitrators will render their final decision.  They do not have to follow legal precedent when making their decision.  These decisions are often a simple declaration of who won and what the damages award is.  There is no uniformly accepted deadline for issuing a decision after the hearing.

Arbitration awards cannot be appealed except in extreme situations, such as where it can be shown that the arbitrator was corrupt.

Experienced New Jersey Arbitration Lawyers

When you are facing arbitration, you need a lawyer with extensive arbitration experience.  Shebell & Shebell can help. Arbitration is different than litigation in the court system in many ways.  Because it is nearly impossible to have an arbitration award reversed on appeal, you want to ensure that you have the very best counsel at your side from the beginning.  To speak with an experienced New Jersey arbitration lawyer, call us at 866-957-5237 or contact us online.

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What Are People Saying About Our Attorneys?

Fantastic

Thomas Shebell was an A M A Z I N G attorney for our personal injury case. He made himself available to all our questions and concerns during the whole process. We were very nervous about it all and he set our fears to rest. You instantly believe in him after your first meeting. He was serious yet empathetic, had superb legal knowledge, and great judgement. His staff is also top notch. Words cannot describe how wonderful a lawyer we believe Thomas Shebell to be and would highly recommend him.
Posted by Michele on December 8

My hero, my attorney who is always there for me!

Tom Shebell has represented me and my family members in several cases. Tom is the most prepared lawyer I have ever seen, and demands respect in and outside of the court room. His staff is amazing and never makes you feel as if you are bothering them. I always feel that I am his most important client, and he always takes my call. If he is busy, I am reassured that he will get right back to me and he does. His knowledge of the law and research on your case is impecable, and will never give up until he gets the results that he feels are the best for you. Although he is the most professional attorney I have ever worked with, he refers you call him Tom (not Mr. Shebell), and I am most comfortable calling him Tommy. His cell phone is on his answering service, to comfort you and assuring you that you can reach him if necessary, no matter what. I will never retain another lawyer, unless it is a case that he cannot handle. That has never happened to me. Unfortunately, Tommy is handling a very emotional case for my family, and whenever we discuss it our meet together he is very comforting to us. For a family man, and extremely busy attorney to handle matters like this, it truly takes a special type of person, and extraordiinary human being. If anyone take my advise, Tom Shebell, III is the only attorney that should be called first, and believe me you will not make another call. As I said in my title, he is my true "hero"!
Posted by Sandi on September 17

I am Grateful I was able to have Thomas Shebell for my Lawyer

Thomas Shebell and his staff were very good to work with. They were always professional, but also very down to earth and real. I always felt that my best interest was their main concern. I was always able to call with questions and concerns and was never made to wait or to feel like I was inconveniencing anyone. I always felt that they knew instantly who I was and what was going on with my case. In the end, Thomas was able to get the best possible settlement for me. I am very grateful to have been treated like my case truly mattered to them.
Posted by Toni on March 28

Ferocious Fighter

Tom Shebell and his firm came highly recommended by several reputable people in the community. I come from a family deeply rooted in law enforcement, so I greatly appreciate that Tom grew up with the law as well, hailing from a family of highly respected attorneys. He easily grasped the complexity of my case and eased my concerns, while ferociously fighting for me. One of the moments that stands out to me the most was when I voiced a concern over possible retaliation and he said, "they're going to have come through me first." I wholeheartedly believed him then and now. There is no one else I'd want in my corner than Tom Shebell.
Posted by on February 23

A League Of His Own

Mere words cannot express my gratitude to Thomas F Shebell III. He took on a case, that other attorneys would shy away from and fought vehemently for my husband, myself and our daughter. His tenacity is only surpassed by his kindness and compassion for his clients well-being. I would recommend Mr. Shebell III to anyone who may need an attorney to guide them through a difficult time and see them through to a successful end. Many thanks again to him and his staff!!