MARILYN FLANZMAN VS. JENNY CRAIG, INC., ET AL. (L-6238-17, BERGEN COUNTY AND STATEWIDE) (A-2580-17T1)
This court invalidated an arbitration agreement because the parties did not understand the rights that ostensibly foreclosed plaintiff's right to a jury trial. They could have designated an arbitral institution (like AAA or JAMS) or they could have communicated a general method for selecting a different arbitration setting. Identifying the arbitration process is important because it provides a "meeting of the minds" about what replaced a judicial adjudication. Here, the agreement ignored the subject altogether. This court therefore reversed the order compelling arbitration for lack of mutual assent and remanded to the trial court for further proceedings.
