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NJ A638
Bill
Status
1/9/2024
Primary Sponsor
Sean Kean
Click for details
AI Summary
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Prohibits an arbitrator who assumes the role of mediator in the same matter from resuming their arbitrator duties unless all parties to the arbitration agree in writing
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Adds a new ground for vacating an arbitration award when the arbitrator served as mediator and then resumed the arbitrator role without party consent
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Requires any rehearing after vacating an award on this ground to be conducted before a new arbitrator, not the original arbitrator
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Codifies the 2013 Appellate Division ruling in Minkowitz v. Israeli, which established that mediators who gain access to party confidences cannot retain the appearance of neutrality required for binding arbitration
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Amends the New Jersey Uniform Arbitration Act (P.L.2003, c.95) to clarify the separation between arbitrator and mediator roles
Legislative Description
Prohibits person appointed as arbitrator who subsequently serves as mediator from resuming the role of arbitrator unless the parties agree.
Judiciary
Last Action
Introduced, Referred to Assembly Judiciary Committee
1/9/2024