In a published opinion, a New Jersey Appellate Division panel agreed that a trial court opinion mandating arbitration should be reversed, but parted ways on whether the clause was so poorly written that is was unenforceable.

Dr. Esther Ogunyemi appealed a Monmouth County Superior Court order staying all claims in her complaint pending arbitration. Ogunyemi alleged that the defendants, including her former employer, Garden State Medical Center, the Center for Spine and Joint Pain Relief, and Dr. Dharam Mann, violated the New Jersey Law Against Discrimination (LAD) by terminating her employment in retaliation for reporting sexual harassment, according to the opinion filed March 25.