"Your Arbitration Agreement is No Good." This is essentially what the New Jersey Superior Court of Bergen County told the Defendant in a recent decision. In Winters v. Electronic Merchant Sys., N.J. Super. Law Div. (Wilson, J.S.C.), the Judge ruled that the Defendant could not enforce an arbitration agreement because it did not meet the required elements of an enforceable contract. This is an important lesson for business owners and consumers alike. Let's look at what happene
Alternative dispute resolution has become increasingly popular in construction contracts. The two primary methods of alternate dispute resolution are mediation and arbitration. Many contractors will argue that alternative dispute resolution is faster and more cost effective then litigation. There is truth in that belief but in order to understand the benefit and limitations of mediation and arbitration it is important to understand how the methods differ from one another.
Did You Know?: Mediation is often thought of as the most “civil” means of third-party dispute resolution. When mediation is selected, the parties share a desire to resolve the dispute quickly and cost - effectively but know they need the help of a mediator to do so. Typically, the parties must agree to mediate and then select a mutually acceptable mediator. The mediator can be an attorney, retired judge or other professional. Generally, the parties split the cost of the media