August 2024 CT

CIVIL LITIGATION... from page 61.

CAI-NJ ADR Mediation Program

discovery. Each of the parties will question witnesses, both fact and expert, before the jury and introduce evidence in attempt to establish their claims or defenses, and have the jury return a verdict (final decision) in their favor. Once the parties complete present ing their evidence, the jury will return to the jury room to contemplate the evidence (deliberate) and come to a verdict, which is the jury’s finding of liability or lack thereof on each of the alleged claims asserted by the plaintiff. After the completion of trial and depending on the jury’s verdict, there could be collection efforts and further litigation to satisfy the judgement, or alternatively, one or more parties to the action could seek to appeal the judgement. An appeal is a legal proceeding filed with the New Jersey Appellate Division, which is the sec ond highest court of review in New Jersey under the New Jersey Supreme Court. An appeal is a judicial pro ceeding that challenges a trial court, or if to the New Jersey Supreme Court, an appellate court’s decision based on alleged errors committed during the trial or appellate proceed ing. Once a decision is made by the New Jersey Supreme Court, that decision is final and becomes the law of the land unless altered by the Legislature. And that’s civil litigation in a (large) nutshell. n

CAI-NJ is proud to offer our Alternative Dispute Resolution (ADR) – Mediation Program to our members as an exclusive benefit. Community Associations are required by state law to offer homeowners a “fair and efficient” solution, outside of litigation. This simple program is designed as quick and affordable alternative to the traditional justice system.

Now, more than ever, community associations need a quicker, more affordable way to solve their disputes. Now on Zoom!

What is ADR? The CAI-NJ ADR-Mediation Program is designed as an alternative to the traditional justice system. It includes negotiation and mediation with a third party. This service is offered to parties who live or work in community associations. Community associations are required by state law to offer homeowners a “fair and efficient” alternative to litigation. How does ADR work? ADR involves a mediation conference where the disputing parties meet with a mediator on a voluntary basis to talk about the problem and attempt to reach an agreement. The mediator is selected by CAI-NJ and assists the parties in arriving at a solution but does not impose a decision. The mediator helps the parties look at all aspects of the issues and explore what may be acceptable to both parties as a resolution.

What are the benefits of ADR through CAI-NJ? The CAI-NJ ADR Program will most likely be less expensive than the normal judicial process because it is a one-time fee rather than court costs and undetermined legal fees. Also, mediation is a confidential process unlike court cases that are adjudicated in public session. Many mediated disputes only require one session to resolve, and those sessions can be scheduled quickly. A filed court case may take months or years to resolve.

Email ADR@cainj.org or call (609) 588-0030 for questions and to utilize this valuable service today! Email ADR@cainj.org or call (609) 588-0030 for questions and to utilize this valuable service today!

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AUGUST 2024