2A:23A-4 - Demand for alternative resolution; action for order for alternative resolution - New Jersey Statutes

2A:23A-4.    Demand for alternative resolution; action for order for alternative resolution
    a.   Any party to an agreement which provides for alternative resolution under this act shall institute a proceeding pursuant to that agreement by:

   (1)  Giving written notice to all other parties of the party's demand for resolution, which notice shall set forth concisely the claims, and where appropriate the defenses, in dispute between the parties and the relief sought, including the amount of liquidated damages demanded, if any; and

   (2)  Initiating the procedure for selecting the umpire or, if no procedure is provided in the agreement, by initiating a summary action as provided in this act to have an umpire appointed.

   b.   When a party is aggrieved by the failure, neglect or refusal of another to perform under a written agreement providing for alternative resolution that party may apply to the Superior Court for an order directing that alternative resolution proceed in the manner provided for in the agreement.  The court shall proceed in a summary action to determine whether there has been an agreement in writing for alternative resolution or whether there has been a failure to comply with a demand for alternative resolution.

   L. 1987, c. 54, s. 4.