Title 2A, Title 2A: ADMINISTRATION OF CIVIL AND CRIMINAL JUSTICE

2A:23A-8. Stay of court action for proceeding subject to alternative resolution In an action brought in any court upon an issue arising out of an agreement providing for alternative resolution under this act, the court, when satisfied that the issue involved is referable to alter…

2A:23A-9. Umpires a. An alternative resolution proceeding shall be conducted by a single umpire unless otherwise expressly provided for in the agreement. If the agreement designates a person or persons, the person or persons named shall conduct the proceeding. If a method is prov…

2A:23B-1 Definitions relative to arbitration after 2002. 1. Definitions. For the purposes of this act: "Arbitration organization" means an association, agency, board, commission or other entity that is neutral and initiates, sponsors or administers an arbitration proceeding or is…

2A:23B-10 Consolidation of separate arbitration proceedings. 10. Consolidation of Separate Arbitration Proceedings. a. Except as otherwise provided in subsection c. of this section, upon application of a party to an agreement to arbitrate or to an arbitration proceeding, the cour…

2A:23B-11 Appointment of arbitrator; service as a neutral arbitrator. 11. Appointment of Arbitrator; Service as a Neutral Arbitrator. a. If the parties to an agreement to arbitrate agree on a method for appointing an arbitrator, that method shall be followed, unless the method fa…

2A:23B-12 Disclosure by arbitrator. 12. Disclosure by Arbitrator. a. Before accepting appointment, an individual who is requested to serve as an arbitrator, after making a reasonable inquiry, shall disclose to all parties to the agreement to arbitrate and arbitration proceeding a…

2A:23B-13 Action by majority. 13. Action by Majority. If there is more than one arbitrator, the powers of an arbitrator shall be exercised by a majority of the arbitrators, but all of them shall conduct the hearing pursuant to subsection c. of section 15 of this act. L.2003,c.95,…

2A:23B-14 Immunity of arbitrator; competency to testify; attorney's fees and costs. 14. Immunity of Arbitrator; Competency to Testify; Attorney's Fees and Costs. a. An arbitrator or an arbitration organization acting in that capacity is immune from civil liability to the same ext…

2A:23B-15 Arbitration process. 15. Arbitration Process. a. An arbitrator may conduct an arbitration in such manner as the arbitrator considers appropriate for a fair and expeditious disposition of the proceeding. The authority conferred upon the arbitrator includes the power to h…

2A:23B-16 Representation by lawyer. 16. Representation by Lawyer. A party to an arbitration proceeding may be represented by a lawyer. L.2003,c.95,s.16.

2A:23B-17 Witnesses; subpoenas; depositions; discovery. 17. Witnesses; Subpoenas; Depositions; Discovery. a. An arbitrator may issue a subpoena for the attendance of a witness and for the production of records and other evidence at any hearing and may administer oaths. A subpoena…

2A:23B-18 Judicial enforcement of preaward ruling by arbitrator. 18. Judicial Enforcement of Preaward Ruling by Arbitrator. If an arbitrator makes a preaward ruling in favor of a party to the arbitration proceeding, the party may request the arbitrator to incorporate the ruling i…

2A:23B-19 Award. 19. Award. a. An arbitrator shall make a record of an award. The record shall be signed or otherwise authenticated by any arbitrator who concurs with the award. The arbitrator or the arbitration organization shall give notice of the award, including a copy of the…

2A:23B-2 Notice. 2. Notice. a. Except as otherwise provided in this act, a person gives notice to another person by taking action that is reasonably necessary to inform the other person in ordinary course, whether or not the other person acquires knowledge of the notice. b. A per…

2A:23B-20 Change of award by arbitration. 20. Change of Award by Arbitrator. a. On application to an arbitrator by a party to an arbitration proceeding, the arbitrator may modify or correct an award: (1) upon a ground stated in paragraph (1) or (3) of subsection a. of section 24 …

2A:23B-21 Remedies; fees and expenses of arbitration proceeding. 21. Remedies; Fees and Expenses of Arbitration Proceeding. a. An arbitrator may award punitive damages or other exemplary relief if such an award is authorized by law in a civil action involving the same claim and t…

2A:23B-22 Confirmation of award. 22. Confirmation of Award. After a party to an arbitration proceeding receives notice of an award, the party may file a summary action with the court for an order confirming the award, at which time the court shall issue a confirming order unless …

2A:23B-23 Vacating award. 23. Vacating Award. a. Upon the filing of a summary action with the court by a party to an arbitration proceeding, the court shall vacate an award made in the arbitration proceeding if: (1) the award was procured by corruption, fraud, or other undue mean…

2A:23B-24 Modification or correction of award. 24. Modification or Correction of Award. a. Upon filing a summary action within 120 days after the party receives notice of the award pursuant to section 19 of this act or within 120 days after the party receives notice of a modified…

2A:23B-25 Judgment on award; attorney's fees and litigation expenses. 25. Judgment on Award; Attorney's Fees and Litigation Expenses. a. Upon granting an order confirming, vacating without directing a rehearing, modifying, or correcting an award, the court shall enter a judgment …

2A:23B-26 Jurisdiction. 26. Jurisdiction. a. A court of this State having jurisdiction over the controversy and the parties may enforce an agreement to arbitrate. b. An agreement to arbitrate providing for arbitration in this State confers exclusive jurisdiction on the court to e…

2A:23B-27 Venue. 27. Venue. A summary action pursuant to section 5 of this act shall be commenced in the court of the county that would have venue if the matter were subject to Superior Court rules in civil actions, or to a court in which the agreement to arbitrate specifies the …

2A:23B-28 Appeals. 28. Appeals. a. An appeal may be taken from: (1) an order denying a summary action to compel arbitration; (2) an order granting a summary action to stay arbitration; (3) an order confirming or denying confirmation of an award; (4) an order modifying or correcti…

2A:23B-29 Uniformity of application and construction. 29. Uniformity of Application and Construction. In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact …

2A:23B-3 When act applies. 3. When Act Applies. a. This act governs all agreements to arbitrate made on or after January 1, 2003 with the exception of an arbitration between an employer and a duly elected representative of employees under a collective bargaining agreement or coll…

2A:23B-30 Relationship to Electronic Signatures in Global and National Commerce Act. 30. Relationship to Electronic Signatures in Global and National Commerce Act. The provisions of this act governing the legal effect, validity, and enforceability of electronic records or electro…

2A:23B-31 Prior action or proceeding. 31. Prior Action or Proceeding. This act does not affect an action or proceeding commenced or right accrued before this act takes effect. Subject to section 3 of this act, an arbitration agreement made before the effective date of this act is…

2A:23B-32 Statutes and procedures not affected. 32. Statutes and Procedures Not Affected. This act shall not apply to the substance and procedure of "The New Jersey Alternative Procedure for Dispute Resolution Act, " P.L.1987, c.54 (C.2A:23A-1 et seq.), nor shall this act apply t…

2A:23B-33 Definitions relative to arbitration organizations. 1. As used in this act: "Consumer" means a party to an arbitration agreement who, in the context of that agreement, is an individual who seeks or acquires, including by lease, any goods or services primarily for persona…

2A:23B-34 Prohibited actions for arbitration organization. 2. An arbitration organization shall not administer a consumer arbitration, or provide any other services related to a consumer arbitration, if: a. the arbitration organization has, or within the preceding year has had, a…

2A:23B-35 Payment of fees, costs. 3. a. A consumer arbitration shall not require a consumer who is a party to the arbitration to pay the fees and costs incurred by an opposing party if the consumer does not prevail in the arbitration, including, but not limited to, the fees and c…

2A:23B-36 Collection, publishing, availability of certain information. 4. a. Any arbitration organization that administers or otherwise is involved in more than 50 consumer arbitrations per year shall collect, publish at least quarterly, and make available to the public, all of t…

2A:23B-4 Effect of agreement to arbitrate; nonwaivable provisions. 4. Effect of Agreement to Arbitrate; Nonwaivable Provisions. a. Except as otherwise provided in subsections b. and c. of this section, a party to an agreement to arbitrate or to an arbitration proceeding may waive…

2A:23B-5 Application for judicial relief. 5. Application for Judicial Relief. a. Except as otherwise provided in section 28 of this act, an application for judicial relief pursuant to this act shall be made upon commencement of a summary action with the court and heard in the man…

2A:23B-6 Validity of agreement to arbitrate. 6. Validity of Agreement to Arbitrate. a. An agreement contained in a record to submit to arbitration any existing or subsequent controversy arising between the parties to the agreement is valid, enforceable, and irrevocable except upo…

2A:23B-7 Application to compel or stay arbitration. 7. Application to Compel or Stay Arbitration. a. On filing a summary action with the court by a person showing an agreement to arbitrate and alleging another person's refusal to arbitrate pursuant to the agreement: (1) if the re…

2A:23B-8 Provisional remedies. 8. Provisional Remedies. a. Before an arbitrator is appointed and is authorized and able to act, the court, in such summary action upon application of a party to an arbitration proceeding and for good cause shown, may enter an order for provisional …

2A:23B-9 Initiation of arbitration. 9. Initiation of Arbitration. a. A person initiates an arbitration proceeding by giving notice in a record to the other parties to the agreement to arbitrate in the manner agreed between the parties or, in the absence of agreement, by certified…

2A:23C-1 Short title. 1. This Act shall be known and may be cited as the "Uniform Mediation Act." L.2004,c.157,s.1.

2A:23C-10 Participation in mediation. 10. Participation in Mediation. An attorney or other individual designated by a party may accompany the party to and participate in a mediation. A waiver of representation or participation given before the mediation may be rescinded. L.2004,c…

2A:23C-11 Relation to Electronic Signatures in Global and National Commerce Act. 11. Relation to Electronic Signatures in Global and National Commerce Act. This act modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. s.…

2A:23C-12 Uniformity of application and construction. 12. Uniformity of application and construction. In applying and construing this act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. L.20…

2A:23C-13 Severability clause. 13. Severability clause. If any provision of P.L.2004, c.157 (C.2A:23C-1 et seq.) or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this act which can be given effect…

2A:23C-2 Definitions. 2. Definitions. As used in this act: "Mediation" means a process in which a mediator facilitates communication and negotiation between parties to assist them in reaching a voluntary agreement regarding their dispute. "Mediation communication" means a stateme…

2A:23C-3 Scope. 3. Scope. a. Except as otherwise provided in subsection b. or c., this act shall apply to a mediation in which: (1) the mediation parties are required to mediate by statute, court rule or administrative agency rule, or are referred to mediation by a court, adminis…

2A:23C-4 Privilege against disclosure; admissibility; discovery. 4. Privilege against Disclosure; Admissibility; Discovery. a. Except as otherwise provided in section 6 of P.L. 2004, c.157 (C.2A:23C-6), a mediation communication is privileged as provided in subsection b. of this …