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Articles Posted in Arbitration

Domestic violence and abuse allegations are unfortunately a common part of many divorce cases in New Jersey. State law allows a person to sue his/her spouse if there was personal injury from the abuse as part of a divorce proceeding. In New Jersey, this is called a Tevis claim.  The law also allows divorcing spouses to use a neutral arbitrator – a private third party who is often a retired judge – to hear Tevis claims. Arbitration is often an efficient and cost-effective way to resolve some or all legal disputes. As the state’s Superior Court recently explained, however, arbitration awards are final, and courts have only limited power to undo them.

gavel-1238036Wife filed for divorce from Husband in 2010, following roughly 25 years of marriage. She also filed a Tevis claim, alleging that Husband had abused her over the course of the marriage.  She was seeking money damages for related injuries. The spouses later agreed to submit the Tevis claim to binding arbitration before proceeding with the divorce case. Following a hearing, the arbitrator ordered Husband to pay Wife $125,000 in damages for physical and mental injuries. Although the arbitrator did not issue any fact findings related to the alleged abuse, a trial judge later confirmed the arbitration award.

Husband later appealed the decision, arguing that the arbitrator’s award violated public policy because it wasn’t based on any specific fact findings about whether the alleged abuse ever occurred. He also argued that the arbitrator wrongly relied on a letter that Husband wrote to Wife after she filed for divorce. The Court did not describe the contents of that letter.

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