BARBARA MINKOWITZ VS. RON S. ISRAELI
A-2335-11T2
This matter considers whether the arbitrator, having
once mediated issues in dispute, can thereafter resume the
role of arbitrator. On appeal, plaintiff challenges five
separate orders confirming arbitration awards. She
maintains each must be set aside under N.J.S.A. 2A:23B-23
or, alternatively, requests the final judgment of divorce
be vacated pursuant to Rule 4:50-1, based on alleged
procedural violations, the arbitrator's bias and
substantive errors causing an unconscionable result.
We affirmed orders confirming arbitration awards
incorporating the parties written mediated settlement
agreements. Willingboro Mall, Ltd. v. 240/242 Franklin
Ave., L.L.C., ___ N.J. ___, ___ (2013) (slip op. at 10,
31). However, after concluding an arbitrator may not
conduct arbitration hearings once he or she functioned as a
mediator, we vacated orders confirming arbitration orders
entered after the arbitrator exceeded his powers. N.J.S.A.
2A:23B-23a(4). 09-25-13
A-2335-11T2
This matter considers whether the arbitrator, having
once mediated issues in dispute, can thereafter resume the
role of arbitrator. On appeal, plaintiff challenges five
separate orders confirming arbitration awards. She
maintains each must be set aside under N.J.S.A. 2A:23B-23
or, alternatively, requests the final judgment of divorce
be vacated pursuant to Rule 4:50-1, based on alleged
procedural violations, the arbitrator's bias and
substantive errors causing an unconscionable result.
We affirmed orders confirming arbitration awards
incorporating the parties written mediated settlement
agreements. Willingboro Mall, Ltd. v. 240/242 Franklin
Ave., L.L.C., ___ N.J. ___, ___ (2013) (slip op. at 10,
31). However, after concluding an arbitrator may not
conduct arbitration hearings once he or she functioned as a
mediator, we vacated orders confirming arbitration orders
entered after the arbitrator exceeded his powers. N.J.S.A.
2A:23B-23a(4). 09-25-13
