The Alternative Procedure for Dispute Resolution Act, N.J.S.A. 2A:23A-1 to 19 (“APDRA”), is an underutilized tool for parties seeking an alternative to court. APDRA was enacted to: create a new procedure for dispute resolution which would be an alternative to the present civil justice system and arbitration system of settling civil disputes. It is intended to provide a speedier and less expensive process for resolution of disputes than traditional civil litigation and would provide parties with rights that are not currently available under New Jersey’s Arbitration Act. [Governor's Reconsideration and Recommendation Statement to Assembly Bill No. 296 at 1 (January 7, 1987), reprinted at N.J.S.A. 2A:23A-1.]
APDRA creates a voluntary procedure for dispute resolution that becomes operable upon agreement. Importantly, if the parties opt to proceed pursuant to APDRA, upon the granting of an order confirming, modifying or correcting an arbitration award, there shall be no further appeal or review of the judgment or decree. Our hope is that by familiarizing counsel with APDRA’s practical advantages, the use of this statute, enacted more than 20 years ago, will become more mainstream and perhaps increase clients’ confidence in the efficiency of arbitration.
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