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NJ A638

Bill

Status

Introduced

1/9/2024

Primary Sponsor

Sean Kean

Click for details

Origin

General Assembly

2024-2025 Regular Session

AI Summary

  • 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

  • Adds a new ground for vacating an arbitration award when the arbitrator served as mediator and then resumed the arbitrator role without party consent

  • Requires any rehearing after vacating an award on this ground to be conducted before a new arbitrator, not the original arbitrator

  • 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

  • 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

Committee Referrals

Judiciary1/9/2024

Full Bill Text

No bill text available