Practice Points

Threshold Arbitrability Questions: Who Gets to Decide?

By Arielle Wasserman – April 17, 2019 | If a contract with a public board is not included in the board’s minutes, do the courts or the arbitrator decide if its arbitration clause is enforceable?

Discovery in Arbitration: Agreement, Plans, and Fairness

By Janice L. Sperow – April 10, 2019 | One arbitrator’s view of how you can structure the discovery process.


New Jersey Refuses to Enforce Arbitration Agreement

By P. Jean Baker – March 12, 2019 | There was no “meeting of the minds” because the parties did not understand the rights under the arbitration agreement that ostensibly foreclosed the plaintiff’s right to a jury trial.

New Jersey Court Puts Brakes on Arbitration after Car Deals Are Called Off

By Shira Forman – March 12, 2019 | Appellate court finds that, because the parties rescinded their purchase agreement, their agreement to arbitrate all disputes is rescinded too.

Sound Advice Podcasts

Preparing For Your First Arbitration Pre-Hearing

By Joan Stearns Johnsen – November 6, 2018 | Arbitration advocacy is the same as litigation advocacy and completely different. The Pre-Hearing Conference is the first opportunity to interact with your panel. Here are some tips so that even if it is your first arbitration pre-hearing conference, the panel will not know it. (3:24 min)

Should You Take Discovery Before Mediating?

By Joan Stearns Johnsen – November 6, 2018 | How much is enough? The earlier you mediate the greater the savings for your client. How can you take just enough so your settlement is rational and your client is happy. (2:35 min)

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