By Robert Pratter and Silvio Trentalange ( January 28, 2019, 2:54 PM EST) -- The New Jersey Supreme Court recently confirmed that arbitration agreements in New Jersey must by clear and conspicuous to compel arbitration. In Kernahan v. Home Warranty Administrator of Florida Inc.,[1] the court held that the so-called "arbitration agreement" within a consumer contract was unenforceable because it failed to support a finding of mutuality of assent to form an agreement to arbitrate. The court observed that the purported arbitration provision failed to fairly convey to an ordinary person that arbitration would be the required method of dispute resolution; noting that the subject provision's language was debatable, confusing and contradictory — and, in part, misleading....