COMPLEMENTARY DISPUTE RESOLUTION
Complementary Dispute Resolution or “CDR” is a collection of strategies or methods for resolving legal disputes without the time and expense ordinarily associated with trials and the traditional trial court process. CDR methods complement the
traditional litigation process. In New Jersey, Alternate Dispute Resolution or “ADR” refers to the referral of cases to private providers outside of the court system. It should be used as early in the life cycle of a case as possible to avoid many of the pitfalls of the traditional litigation process, including cost, delay, intimidation and polarization of the parties.
Without sacrificing quality, court-sponsored CDR programs offer many benefits: reduced time to resolution; streamlined and less costly discovery; effective case management; increased confidentiality; improved communication of essential issues;
participation of litigants in the resolution of their dispute. A wide range of CDR methods are available for use in the civil case management system, including:
Non-Binding Arbitration -- the dispute is submitted to experienced, knowledgeable, neutral attorneys or retired judges to hear arguments, review evidence and render a non- binding decision. Any party has the right to reject the award and demand a trial. The arbitration award, if accepted by the parties and confirmed by the court, can be made into a legally binding and enforceable judgment. Less formal and less complex than trial, arbitration can often be concluded more quickly than formal court proceedings. Arbitration is mandatory for certain types of cases.
Voluntary Binding Arbitration -- the parties file a written consent order, signed by all attorneys and the parties themselves, submitting the case to binding arbitration and voluntarily dismissing their case. Parties are encouraged to enter into high/low agreements of which the arbitrators are unaware. The purpose of the high/low agreement is to give the parties control over the outcome. The case is presented in abbreviated form to a panel of two arbitrators whom the parties have
selected. A sitting Superior Court judge also selected by the parties is present but becomes involved in the process only if (and to the extent that) the arbitrators do not agree. The proceedings are held in the courtroom and the judge explains to the parties at the outset and on the record that the determination of the panel will be final and not appealable. All parties must then agree, on the record, that they understand the final and binding nature of the program. The hearing, however, proceeds off the record. The decision of the arbitration panel is memorialized as a judgment if the court does not receive a stipulation
of settlement within 30 days. If the parties had entered into a high/low agreement, the plaintiff could get no less than the “low” and the defendant would not be subject to exposure above the “high.” Sample forms appear in the appendix.
Court-Annexed Mediation -- an impartial third party, the mediator, facilitates negotiations among the parties to help them reach a mutually acceptable settlement. A mediator does not make a decision. The parties, with the assistance of their attorneys, work toward a solution with which they are comfortable. Benefits include: preservation of ongoing party relations, savings in trial expenses and decreased psychological and emotional costs to litigants. Cases may either be referred to the Civil Mediation Program, to mediation by the state Office of Dispute Settlement (run by Eric Max), or to private mediators.
Summary Jury Trial (SJT) -- most appropriate for complex cases. SJT allows the parties to learn the probable outcome of an actual jury trial, by conducting an abbreviated trial lasting one half to one full day, with little or no live testimony, before an “advisory” jury. All aspects of a traditional trial are streamlined. A judge presides. Attorneys present their cases by
oral summary based upon discovery documents and affidavits of experts. Comprehensible, lay language is utilized in presenting the case and in the jury charge. The verdict is non-binding. Sample forms appear in the appendix.
Expedited Jury Trial -- similar to SJT but binding and appealable.
Sample forms appear in the appendix. For more detailed provisions relating to Civil CDR modalities, see Civil CDR Program Resource Book.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES”
http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817 (Phone) 732-572-0500
(Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
