• An Arbitration Clause Signed by the Parent for a Minor Child is Found Not Enforceable without Clear Language as to What is Being Waived.
  • January 24, 2017 | Author: Alicia M. Smith
  • Law Firm: Marshall Dennehey Warner Coleman & Goggin, P.C. - Cherry Hill Office
  • A waiver requiring submission to arbitration was found enforceable by the trial court but unenforceable by the Superior Court. The Superior Court found enforceability was a matter of law and, although the waiver clearly referred to waiver of a trial, there was no “clear and unambiguous statement that the person signing the Agreement is waiving [his] right to sue or go to court to secure relief.” Due to no reference in the clause to a court or jury, or an explanation of how arbitration differed from a proceeding in a court of law, the court found the agreement was not so clear as to require the plaintiff to give up his rights to bring his claim in the court.