Alternative Procedure for Dispute Resolution Act FORT LEE SURGERY CENTER, INC. v. PROFORMANCE INSURANCE
COMPANY A-1192-08T2 02-22-10
The Alternative Procedure for Dispute Resolution Act
(APDRA), N.J.S.A. 2A:23A-1 to -30, declares that, following a
trial court's judgment, confirming, modifying or correcting an
award, "[t]here shall be no further appeal or review," N.J.S.A.
2A:23A-18(b). Notwithstanding, it has been recognized that
appellate courts retain supervisory jurisdiction to ensure that
trial courts limit their review of arbitration awards to the
circumstances authorized by N.J.S.A. 2A:23A-13. Here, the court
held that so long as a trial court rationally articulates that
correction of an award is required by one of the grounds set
forth in N.J.S.A. 2A:23A-13, appellate courts are not free to
intervene even when believing the trial court was mistaken in
correcting the award. Any broader view of appellate
jurisdiction would eviscerate N.J.S.A. 2A:23A-18(b) and conflict
with the Legislature's expressed desire, in enacting APDRA, to
eliminate appellate review.
