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Riding v. Towne Mills Craft Centre, Inc.

For LAD and other statutory fee-shifting cases voluntarily submitted to nonbinding arbitration, the trial court will resolve a prevailing party's request for counsel fees after it confirms the arbitration award unless the parties have agreed to submit the fee issue to the arbitrator.

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Argued October 10, 2000

On appeal from the Superior Court, Appellate Division.

This appeal presents the question whether a successful age discrimination plaintiff, when seeking confirmation of an arbitrator’s award, may move for counsel fees pursuant to N.J.S.A. 10:5-27.1, the fee-shifting provision of the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -42. Despite plaintiff’s failure to raise her claim for counsel fees during the arbitration or before the time either party could reject the award and request a trial de novo, a majority of the Appellate Division held in an unpublished opinion that the counsel fees request may be heard in a post-arbitration application to the trial court. The appeal is before the Court on the basis of the dissent below.

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