What is the judicial review process for construction disputes?
Judicial review is the process of appealing a construction dispute to the court system for a resolution. In New Jersey, as in many other states, the judicial review process begins with the filing of a complaint by the party initiating the dispute. The complaint will outline the facts and arguments of the dispute, along with a request for relief. The party responding to the complaint will then file an Answer, typically within thirty days of receiving the complaint. Once both parties have had a chance to present their cases, the court will enter a decision. If either party is not satisfied with the court’s ruling, they can file an appeal. The appeals process involves further review of the dispute by a higher court authority. If the court of appeals determines that the lower court made a mistake in its ruling, the appellate court will reverse the findings of the lower court and remand the case for further proceedings. The judicial review process can also involve mediation or arbitration, depending on the type of case. Mediation and arbitration are less expensive and time-consuming methods of resolving disputes. Mediation involves the parties meeting with a neutral third-party mediator to try to reach an agreement. If the parties are unable to come to an agreement, the dispute may proceed to arbitration. During arbitration, the parties and their attorneys will present their case before a panel of arbitrators who will then make a ruling on the case. Ultimately, the judicial review process for construction disputes can be quite complicated and time-consuming. It is important to have a knowledgeable attorney to represent your interests during a construction dispute to make sure you receive a fair and just result.
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