united-states landlord tenant civil-procedure new-jersey
When to File a Motion to Compel Arbitration in a LT Trial?
<p>In a landlord tenant case in NJ, should one file a Motion to compel arbitration before the case is heard or should one wait to make that argument orally in front of the judge?</p>
<p>If it is ideal to submit the Motion in advance, what type of motion should be filed? A Motion to Stay the case pending arbitration?</p>

<p>The statute that explains what kind of motion to file is the New Jersey Arbitration Act. Some background can be found <a href="https://www.americanbar.org/groups/litigation/committees/alternative-dispute-resolution/practice/2020/nj-supreme-court-returns-to-basics-faa-section-5-and-njruaa-section-11/#:%7E:text=The%20Federal%20Arbitration%20Act%20and,specify%20a%20method%20for%20appointment." rel="nofollow noreferrer">here</a> and in the authorities linked therein. The statute runs from New Jersey Revised Statutes <a href="https://law.justia.com/codes/new-jersey/2013/title-2a/" rel="nofollow noreferrer">Sections 2A:23B-1 to 2A:23B-32</a>. The main section applicable to filing a Motion is NJRS § 2A:23B-7. The <a href="https://sccinstitute.com/media/37104/the-federal-arbitration-act-usa.pdf" rel="nofollow noreferrer">Federal Arbitration Act</a> is also relevant.</p>
<p>Warning: There are lots of technicalities buried in this part of the law.</p>

<p>One of the major points of arbitration is that it saves the time and cost of going to court. Thus if an arbitration agreement exists, a demand for arbitration should be made well before any planned trial.  The arbitration agreement itself should spell out the procedure for bringing an arbitration action, usually some sort of notice sent to the other party.</p>
