New Jersey Mediation and Arbitration Services
Russell Woods
Russell M. Woods is a seasoned arbitrator, mediator and litigator who is now focused exclusively on alternative dispute resolution services through either arbitration or mediation.
Business and probate disputes involving:
· Partnerships and corporations
· Shareholder oppression
· Real estate sale and development
· Unfair competition and restrictive covenants
· Fraudulent conveyances
· Issues arising out of business sales
· Contract disputes in general
· Will contests
· Accounting issues
· Breach of fiduciary duties
· Claims by estate creditors
Mediation
Mediation is referred to as a “Facilitative Process”. Most commercial cases filed in the Superior Court are referred to approved mediators who facilitate communication between parties in an effort to promote settlement. Mediators do not render a judgment like an arbitrator. Rather, they assist litigants in reaching a settlement by exploring issues presented in the case. All mediation proceedings are confidential and are not admissible in evidence in any subsequent proceedings.
Arbitration
This process allows parties to present their case to a neutral third party for resolution. The Superior Court of New Jersey requires non binding arbitration of cases under New Jersey Court Rule 4:21A. Awards from these arbitrations can be rejected by any party by filing what is referred to as a Request for Trial DeNovo within thirty (30) days of the award. Arbitrators hearing these cases are assigned by the Court.
Binding arbitration occurs by agreement of the parties. Under binding arbitration, the parties select the arbitrator and work with the chosen neutral to define the contours of the proceeding in such areas a discovery, motions and the form of the ultimate award.
Although binding arbitration awards can be challenged in the Superior Court, the grounds for appeal are extremely limited.
On the other hand, arbitrations conducted under the Alternative Procedures for Dispute Resolution Act allow for a single appeal to the Superior Court in which a party can ask the Court, in addition to the grounds available for review of conventional arbitration awards, to consider whether the arbitrator erroneously applied “law to the issues and facts presented for the alternative dispute resolution “ N.J.S.A. 2A:23A-13.
Arbitration is sometimes referred to as an “Adjudicative Process”.
Experience
Russ has been actively involved in both arbitration and mediation for over forty years. Early in his career he participated in creating rules and procedures for court annexed non binding arbitrations both in California and New Jersey. He has been arbitrating cases for the Superior Court in Union County for 35 years and, during that time, has been conducting binding arbitrations as a privately selected neutral. For more than twenty years he provided initial training through the Institute of Continuing Legal Education for lawyers seeking appointment to the Court’s roster of arbitrators pursuant to R.4:21A-2.
His experience as a mediator parallels his arbitration activities. He’s has been on the Court approved roster of mediators for decades. In addition to matters referred to him by the Court, he’s been selected by private parties to assist them in settling disputes. Notably, he has been a panelist on the Union County highly successful mediation training seminar for twenty-four years.
Russ received his undergraduate degree from Mt. St. Mary’s University. He has a master’s degree in counseling from Seton Hall University and received his law degree from Santa Clara University. He is a graduate fellow of the Institute for Court Management.
Arbitration and mediation services are offered through a variety of means. They can be held either by a zoom conference call or in-person meetings held at a location agreed upon by all parties.
Fee Structure
Unless otherwise agreed to, parties share the cost of services equally. The current fee for both arbitration and mediation services is $400 per hour.