Waiver of right to arbitrate by 21 months' participation in litigation

Although the facts are somewhat complex, the bottom line in Cole v. Jersey City Medical Center (New Jersey 08/14/2013) is simple. One of the defendants in an employment dispute actively participated in litigation over a period of 21 months, then, three days before trial, filed a motion to compel arbitration. That's a waiver of the right to arbitrate.