In This Article
Mike’s Quick Answer
New Jersey civil arbitration is a court-connected process in which an experienced neutral lawyer reviews the parties’ presentations and issues an award or dismissal. Many automobile and personal injury cases are assigned to mandatory, nonbinding arbitration after discovery. Nonbinding means a party can generally reject the result by filing a timely demand for a trial de novo, which is a new trial as though the arbitration award had not decided the case. Deadlines, fees, and potential cost consequences apply. Arbitration is less formal than trial, but it should be prepared seriously because it can lead to settlement or become binding if no timely rejection is filed.
The Arbitrator Reviews a Condensed Case
The lawyers usually submit concise statements with key medical records, reports, photographs, liability evidence, wage proof, and legal issues. The parties and witnesses may attend and present information under the program’s procedures.
The arbitrator is not the trial judge and does not conduct a full jury trial. The goal is an efficient neutral evaluation based on the developed case.
The Award Is Important but Usually Not Final Immediately
The arbitrator may award damages, allocate comparative fault, or dismiss the claim. The written result gives both sides an independent assessment that can sharpen settlement discussion.
A party that wants a trial de novo must comply with the court rule’s deadline and filing requirements, generally within 30 days. Missing the deadline can allow the award to become binding.
Rejecting the Award Has Consequences to Evaluate
A trial demand returns the case to the trial track, but New Jersey rules can impose costs and fees when the demanding party fails to improve sufficiently on the arbitration result. The exact calculation and exceptions should be reviewed before rejecting.
The decision should consider the award, evidence, trial risk, coverage, liens, likely costs, delay, and the opponent’s position. Disappointment with a number is not the same as a sound trial strategy.
Prepare the Client for a Real Legal Event
I explain who will attend, whether the client may speak, what the submissions contain, and how the arbitrator is likely to frame the disputed issues. Accuracy and professionalism matter even in an abbreviated hearing.
After the award, I discuss settlement, acceptance, or trial demand promptly. The client should understand that arbitration is a checkpoint with a short decision window, not an informal meeting that can be ignored.
Frequently Asked Questions
Must I accept the arbitration award?
Usually no in nonbinding court arbitration, but a timely and proper trial-de-novo demand is required to reject it.
Will the jury know the arbitration result?
The trial generally proceeds anew, and the award is ordinarily not presented as the jury’s benchmark, subject to the court rules and rulings.
Can the case settle after arbitration?
Yes. The award often helps the parties reassess risk and negotiate before trial. The client still decides whether to settle.
Sources and Further Reading
About Michael B. Fusco
I am Michael B. Fusco, a New Jersey personal injury lawyer who is Certified by the Supreme Court of New Jersey as a Civil Trial Attorney. For more than 15 years, I have represented injured people throughout New Jersey and have recovered more than $75 million in gross settlements and verdicts. I started Fusco Law because clients deserve direct answers, careful preparation, and a lawyer who remains personally involved. I can help guide clients through the complexities of a New Jersey personal injury case from the first investigation through settlement or trial. Past results do not guarantee future outcomes.
Arbitration Is a Short Hearing With a Shorter Deadline Afterward
The presentation and trial-demand decision deserve advance planning. Dial 732-INJURED or contact Fusco Law so I can prepare the hearing, explain the award, and protect the next step.
Important Disclaimer
This article provides general information only. It is not legal advice, and it does not create an attorney-client relationship. Contacting Fusco Law does not create an attorney-client relationship or make a communication privileged unless and until the firm agrees in writing to represent you. I am a personal injury attorney, not a medical doctor, accountant, tax adviser, or financial adviser. Medical, tax, accounting, and financial questions should be directed to an appropriately licensed professional. Every matter depends on its own facts and the law that applies. If you have questions about a New Jersey personal injury claim, contact Fusco Law.