Form Said ‘Mediation,’ But It Was Arbitration, Court Rules

An attempt to overturn an arbitration award based on one side’s claim that it believed it was engaged in mediation, not binding arbitration—an “unusual circumstance,” as the court put it—has failed.  “With the exception of the retired judge’s mistake in having the parties execute a document memorializing the terms of a ‘civil mediation,’ there is no doubt that the parties agreed to and in fact participated in binding arbitration,” the Appellate Division said Nov. 16 in Marano v. The Hills Highlands Master Association.    Read the article……………..

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