When an agreement provides for arbitration, what language waiving access to the courts will be enforceable, particularly when one of the parties may be unsophisticated?
Recently, the Supreme Court of New Jersey issued an opinion in Atalese v. U.S. Legal Services Group, Nos. A-64 September Term 2012, 072314, 9/23/14, that will surprise those who have been drafting agreements compelling mandatory arbitration. It held that the arbitration provision was unenforceable because it did not contain specific language that the “plaintiff was waiving her statutory right to seek relief in a court of law.”
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