Frederick Jacobs is an independent arbitrator with over 35 years of experience as an attorney, the last 5 of which have included arbitration and mediation of commercial, employment and health law disputes. Frederick brings to his arbitration practice valuable experience and insight from his work as a corporate partner at a New York law firm; as a senior government attorney; as general, corporate and compliance counsel to hospitals and health systems; and as the Assistant Health Commissioner overseeing licensing of New Jersey hospitals and nursing homes.

A native New Yorker, Frederick earned a bachelor’s degree from Brown University, and a law degree from Yale Law School. He is trained as an arbitrator by the American Arbitration Association (AAA), the American Health Lawyers' Association Dispute Resolution Service (DRS), and the New York State Bar Association. Frederick serves on arbitration panels administered by the AAA and the DRS, as well as on panels created to arbitrate billing disputes for out-of-network and emergency health services under the recently enacted Federal “No Surprises Act.” He is licensed as an attorney in New York State and New Jersey, and lives near Princeton, New Jersey.

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“Fairness is what justice really is.” -Potter Stewart

WHY I BECAME AN ARBITRATOR

I first encountered arbitration and mediation (alternate dispute resolution, or “ADR”) while practicing as a corporate attorney at a law firm and then as in-house counsel. I’ve always viewed the legal process as a way to resolve disputes in ways that are fair, just and timely, and saw that ADR was highly effective in achieving such results, often at less cost than the typical lawsuit. Advancing these goals by becoming an arbitrator was thus the logical next step in my career; serving as an arbitrator in more than 25 cases since 2019 has convinced me that ADR can indeed lead to timely and cost-effective resolutions that are also fair and just.

THE ARBITRATION PROCESS

Arbitration GPS: Navigating the Process

Like a lawsuit, arbitration follows a roadmap that begins with the filing of a claim
and ends with a decision or award. Arbitration moves more quickly than the
typical lawsuit, and as a result, requires less time and expense.

What is Arbitration?

In arbitration, a dispute is brought before one or more neutral, impartial
arbitrators for a final, binding decision. While the rules and timelines for this
process vary in any given arbitration, all typically share a common
sequence of events.

1. Starting Arbitration

A request for arbitration in a contract dispute is filed with an ADR organization-such as the American Arbitration Association. Once the request is approved, the parties proceed to the next step, which is the selection of one or more arbitrators to hear the dispute. On occasion, the process may begin without an ADR entity being involved, such as when a judge orders arbitration in a lawsuit, or the parties in a lawsuit agree to resolve it by arbitration.

2. Arbitrator Selection

The qualifications and experience of a panel of arbitrators are first screened by the ADR organization, which then sends the names of qualified arbitrators to the parties for approval; if they agree, the selected arbitrators(s) are appointed to hear the case. If they can’t agree, then the ADR organization will often pick the arbitrator(s). A judge may also name an arbitrator for a pending lawsuit, or parties who have chosen to arbitrate a lawsuit may select the arbitrator(s) themselves.

3. Preliminary Hearing/Scheduling Conference/Scheduling Order

Shortly after the arbitrator is appointed, a preliminary hearing (which includes a scheduling conference) will be convened. At the preliminary hearing, the arbitrator and counsel will discuss and agree to a detailed schedule for conduct of the proceeding, including information exchange, motions, and hearing dates. A party can also raise one or more "threshold" issues at the preliminary hearing, such as whether there is a valid arbitration agreement requiring the parties to arbitrate, and what specific issues the arbitrator is authorized to decide.

4. Information Exchange

Information exchange in an arbitration includes some, but not all, of what is called “Discovery” in a lawsuit. Parties exchange written information requests, and then share the requested information with each other. Sometimes, each party is allowed to submit written questions, or “Interrogatories” to the other party. If experts are allowed, the parties will also be asked to share the names and qualifications of these witnesses. Sometimes, arbitrations allow limited depositions, in which a witness answers questions from counsel prior to the final hearing. Any disputes during Information Exchange are decided by the Arbitrator.

5. Hearing and Related Proceedings

The Scheduling Order will spell out the length of the hearing (in days), as well as when it will take place. Hearings can be in person or virtual. During the hearing, the parties present testimony and evidence to the Arbitrator. Often, the arbitrator will conduct a “pre-hearing” to set to resolve any remaining preliminary issues. After the hearing, the parties are often allowed to file post-hearing briefs or memos, highlighting hearing evidence that is favorable to their side.

6. Final Award

Once the hearing is over, the arbitrator has a short time (usually up to a month) to issue a final award deciding all of the disputed issues. Some final awards are “simple” in that they merely state the awarded amount or a required action. Some awards are “reasoned”, and these include a written explanation of the simple award. The arbitration is complete when the final award is issued. Arbitration awards can rarely be challenged in court, and then only when there has been blatant misconduct or bias on the part of the arbitrator, or the arbitrator has failed to properly exercise their authority.