Rule 4:21A-2.Qualification, Selection, Assignment and Compensation of Arbitrators

Last amended July 1, 2025 · Current through June 18, 2026 · Last verified July 7, 2026

In one sentenceRule 4:21A-2 governs the arbitrators — the roster and qualifications, training requirements, assignment by the parties' stipulation or from the roster, the number of arbitrators, and their compensation.

Full Text of Rule 4:21A-2

Text sizeJump to: (a) (b) (c) (d) (e)

(a) Inclusion on Roster.

(1) Qualifications. An applicant for inclusion on a roster of arbitrators maintained by the Administrative Office of the Courts shall be either: (1) a retired judge of any court of this State who is not on recall; or

(2) an attorney admitted to practice in this State having at least ten years of consistent and extensive experience in New Jersey in any of the substantive areas of law subject to arbitration under these rules. (2) Arbitrator Training Requirements. To be listed on the approved roster of arbitrators, the applicant must have completed the initial training and continuing education required by R. 1:40-12(c).

(3) Certified Civil Trial Attorneys. A Certified Civil Trial Attorney with the requisite experience, who has also completed the training and continuing education required by R. 1:40-12(c), will be entitled to automatic inclusion on the roster.

(4) Local Arbitrator Selection Committee.

(A) Generally. The arbitrator selection committee, which shall meet at least once annually, shall be appointed by the county bar association and shall consist of at least: one attorney regularly representing plaintiffs in each of the substantive areas of law subject to arbitration under these rules, one attorney regularly representing defendants in each of the substantive areas of law subject to arbitration under these rules, and one member of the bar who does not regularly represent either plaintiff or defendant in each of the substantive areas of law subject to arbitration under these rules. The members of the arbitrator selection committee shall be eligible for inclusion in the roster of arbitrators.

(B) Screening Process. The local arbitrator selection committee will submit recommendations for the roster to the Assignment Judge or designee for final approval. The committee shall review the roster of arbitrators annually and, when appropriate, shall make recommendations to the Assignment Judge to remove arbitrators from the roster.

(b) Assignment by Stipulation. All parties to the action may stipulate in writing to the number and names of the arbitrators. The stipulation shall be filed with the civil division manager within 14 days after the date of the notice of arbitration. The stipulated arbitrators shall be subject to the approval of the Assignment Judge or designee and may be approved whether or not they met the requirements of paragraph (a) of this rule if the Assignment Judge or designee is satisfied that they are otherwise qualified and that their service would not prejudice the interest of any of the parties.

(c) Assignment from Roster. If the parties fail to stipulate to the arbitrators pursuant to paragraph (b) of this rule, the arbitrator shall be designated by the civil division manager from the roster of arbitrators maintained by the Assignment Judge. The Assignment Judge shall file the roster with the Administrative Director of the Courts. A motion to disqualify an assigned arbitrator shall be made to the Assignment Judge or designee on the date of the hearing.

(d) Number of Arbitrators. All arbitration proceedings in each vicinage in which the number and names of the arbitrators are not stipulated by the parties pursuant to paragraph (a) of this rule shall be conducted by either a single arbitrator or by a two-arbitrator panel, as determined by the Assignment Judge or designee.

(e) Compensation of Arbitrators.

(1) Assigned Arbitrators. Except as provided by subparagraph (2) hereof, a single arbitrator designated by the civil division manager, including a retired judge not on recall, shall be paid a per diem fee of $400. Two-arbitrator panels shall be paid a total per diem fee of $650, to be divided evenly between the panel members.

(2) Stipulated Arbitrators. Arbitrators stipulated to by the parties pursuant to R. 4:21A-2(a) shall be compensated at the rate of $70 per hour but not exceeding a maximum of $400 per day. If more than one stipulated arbitrator hears the matter, the fee shall be $70 per hour but not exceeding $650 per day, to be divided equally between or among them. The parties may, however, stipulate in writing to the payment of additional fees, such stipulation to specify the amount of the additional fees and the party or parties paying the additional fees.

End

Amendment History

New Jersey publishes each rule’s amendment record in a “History” note beneath the rule. It is reproduced verbatim below; the “R.R.” citations refer to the former Revised Rules numbering the current rules replaced.

Adopted November 1, 1985 to be effective January 2, 1986; paragraph (a); amended November 7, 1988 to be effective January 2, 1989; paragraphs (a) and (b); amended July 10, 1998 to be effective September 1, 1998; caption; amended, paragraph (c); amended, and new paragraph (d) adopted July 5, 2000 to be effective September 5, 2000; paragraphs (b) and (d)(1); amended, and former paragraph (d)(3) deleted July 12, 2002 to be effective September 3, 2002; paragraphs (b), (c), (d)(1), and (d)(2); amended July 28, 2004 to be effective September 1, 2004; paragraph (b); amended July 27, 2006 to be effective September 1, 2006; paragraph (b); amended July 28, 2017 to be effective September 1, 2017; paragraph (b); amended July 27, 2018 to be effective September 1, 2018; new paragraph (a) adopted, former paragraph (a) caption and text; amended and redesignated as paragraph (b), former paragraph (b) caption and text; amended and redesignated as paragraph (c), former paragraph (c) caption and text; amended and redesignated as paragraph (d), former paragraph (d) redesignated as paragraph (e), and subparagraph (e)(1) caption; amended July 31, 2020 to be effective September 1, 2020; subparagraphs (e) (1) and (e)(2) amended June 24, 2025 to be effective July 1, 2025.

Plain-English Summary

This rule staffs the arbitration program. Arbitrators come from a roster maintained by the Administrative Office of the Courts, open to retired judges not on recall and to attorneys with at least ten years of relevant New Jersey experience, all of whom must complete the required training and continuing education. A local arbitrator selection committee, appointed by the county bar, screens applicants and recommends the roster for the Assignment Judge’s approval.

Assignment and pay are also set. The parties may stipulate to the number and names of arbitrators, subject to approval; otherwise the civil division manager designates an arbitrator from the roster, and proceedings are heard by a single arbitrator or a two-arbitrator panel. The rule fixes per diem fees for assigned arbitrators and hourly rates for those the parties stipulate to.

Frequently Asked Questions

Who serves as an arbitrator in New Jersey's arbitration program?

Arbitrators come from a court-maintained roster of retired judges not on recall and experienced attorneys who have completed the required training. The parties may also stipulate to their own arbitrators, subject to the Assignment Judge’s approval.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court (N.J. Ct. R. 4:21A-2). Prescribed by the Supreme Court of New Jersey (N.J. Const. art. VI, § 2, ¶ 3). The plain-English summary is original and written by us. Last verified July 7, 2026. · Official source

Also known as: qualification of arbitratorsselection of arbitratorsarbitrator rostercompensation of arbitratorsassignment of arbitrators