You have a dispute that appears to be headed for court. Or you have a dispute that is already in court. No agreement to arbitrate disputes is in place. Since no agreement to arbitrate disputes is in place, your only option from here is to duke it out in court, right? Wrong!

It is never too late for arbitration to save you from going to court, or to move your dispute, once in court, to arbitration. The process to accomplish this is by “submission”. That is, you and your adversary “submit” your dispute to the arbitration process.

Arbitration is not something that you can unilaterally force upon the other side; the other side may be content for the court to control the process. In that case, all you can do is gird your loins for the upcoming ordeal. If, on the other hand, you and the other side agree, arbitration is available.

If both sides have lawyers, those lawyers can work out the details. If you have a lawyer but the other party does not, your lawyer can propose arbitration to the unrepresented party. If the other party has a lawyer but you do not, you can propose arbitration to the other party, or their lawyer. Or you can seek the services of a lawyer to do that on your behalf.

If the parties agree upon arbitration before court papers are ever filed, arbitration can resolve the dispute without the court ever getting involved. If the case has already been filed with the court, the court proceedings can be voluntarily dismissed “without prejudice” and the case moved to arbitration the same as if the case were never filed with the court in the first place.

Before presenting the dispute to arbitration, an arbitration agreement must be in place. The takeaway from this discussion is that, until the court has ultimately resolved the dispute, it is never too late to adopt an arbitration agreement and remove the dispute from the clutches of the court.

 Why Arbitration?  |  FAQ  |  Initiate an Arb  |  Arbitrability  |  Arb Agreements  |  Existing Disputes 
 Arbitration Fees  |  Arb Discovery  |  Arbitration Rules  |  Not Just Jersey  |  Federal Arbitrations 
 Family Disputes  |  Recent Cases  |  Consumer Disputes  |  After the Award  |  Wherefore “ADR”? 
 Contact Us 

New Jersey Arbitrations Inc. Neutral New Jersey arbitrator disputes since 1977
100 Bayard Street
P.O. Box 1030
New Brunswick NJ 08903

New Jersey Arbitrations™ Arbitrating Disputes in New Jersey and world-wide
© Copyright 2023, New Jersey Arbitrations Inc.
All rights reserved.

For information, questions, or suggestions about our site, please email our webmaster.

Search engine optimization by Rank Magic.
Hosted by Westhost »When you expect more from your Web host.
Page last updated 15 October 2023, and displayed Saturday 2 December 2023, 19:08:47 EST.

Site of New Jersey Arbitrations, and Arbitrator Allan Marain     Site of New Jersey Arbitrations     Site powered by Apache for disputants and their lawyers.     Dynamic Drive provides much-valued technical assistance for attorneys at law in New Jersey court defense.