The state Supreme Court heard arguments last Monday over whether it was fair for a sued employer to wait until three days before a trial to invoke a contractual arbitration clause.

Two lower courts have split on the issue in Cole v. Jersey City Medical Center, A-6-12. The judge who was slated to preside at trial granted the motion to move the case into arbitration but the Appellate Division reversed, saying the defendant waited too long and was equitably estopped.