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Category Archives: Mediation/Arbitration

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JUDGES ARE SUPPOSED TO DECIDE MATTERS RIPE FOR DECISION – NOT SEND IT TO MEDIATION – SHOCKING!?!

Posted in Mediation/Arbitration, Practice Issues

We have all had this happen.  Letters get written back and forth to try to settle a matter and/or you just file a motion because the issue is clear based upon the law and the facts.  Or, the parties, for whatever reason, just wont resolve an issue because one or both is being unreasonable.  So… Continue Reading

THE PSYCHOLOGY OF MEDIATION

Posted in Custody, Divorce, Mediation/Arbitration

At its core, mediation is designed to be a process by which parties reach an amicable agreement through compromise.  This is what most litigants want, right?  Avoid the fighting, along with the associated time and expense – sounds great.  So what does psychology have to do with the mediation process?  Well, it can truly mean a… Continue Reading

Divorce Hotel – Paradise or Paradise Lost?

Posted in Divorce, Mediation/Arbitration, Practice Issues

Some concepts never cease to amaze, especially when reality television is involved.  Promising an idyllic setting for a “quickie” divorce, the Gideon Putnam Resort in Saratoga Springs, New York, is welcoming couples who want to end their marriage while surrounded by golf courses, swimming pools, hiking trails and spa treatments.  While one can appreciate the… Continue Reading

NEW JERSEY FAMILY LAW PODCAST SERIES PRESENTS: STOP. COLLABORATE. LISTEN.

Posted in Interspousal Agreements, Mediation/Arbitration, Practice Issues, Property Settlement Agreements

In the third installment of our New Jersey Family Law Podcast Series, we are proud to present – Stop.  Collaborate.  Listen.  Based on one of our earlier blog posts, Eliana Baer and I discuss why these three words are so critical to a successful outcome in divorce mediations, while highlighting the perils that can occur when divorcing spouses refuse… Continue Reading

USE OF MEDIATION AS A STRATEGY

Posted in Mediation/Arbitration, Practice Issues

We have heard over and over that settlement ranks high in the public policy of this state and know from experience how the system is geared toward settlement.  In particular, there is mandatory custody mediation, mandatory Early Settlement Panels (MESP), mandatory economic mediation, Blue Ribbon Settlement Panels, intensive settlement conferences (ISPs or ISCs depending on the county) and the like.  With all of… Continue Reading

NO GOOD DEED GOES UNPUNISHED? ARBITRATOR’S SUGGESTIONS TO RESOLVE UNRELATED ISSUES LEAD TO ARBITRATION AWARD BEING VACATED

Posted in Mediation/Arbitration, Practice Issues

B.M. – that is before the Minkowitz decision that we previously blogged on (which lead to a second post on arbitration best practices), it was common practice at the start of an arbitration, just like it is common practice before the start of a trial, to take one last crack at trying a case.  Sometimes it even happens… Continue Reading

THE VERY GROUCHY LADYBUG – A DIVORCE PARABLE?

Posted in Divorce, Domestic Violence, Interspousal Agreements, Mediation/Arbitration, Practice Issues

One of my kids’ absolute favorite books is The Very Grouchy Ladybug by Eric Carle.  We must have read the book together over 100 times, with each of us taking turns reading the parts of the animals that the so-called grouchy ladybug encounters throughout his day.  The book carries an anti-bullying theme, as each animal that… Continue Reading

THE INFORMATION ASYMMETRY AND THE DIVORCE PROCESS: AN UNLIKELY PAIR

Posted in alimony, child support, Civil Unions and Domestic Partnerships, Counsel Fee Awards, Custody, Divorce, equitable distribution, Estate and Trust Issues, Interspousal Agreements, Mediation/Arbitration, modification, Practice Issues, Prenuptial Agreements, Property Settlement Agreements, Tax Exemption, Visitation/Parenting Time

What do divorce and economics have in common?  Well, a lot. But today I am focusing on the unlikely link between the theory of information asymmetry – which deals with the study of decisions in transactions where one party has more or better information than the other – and the New Jersey Divorce App.  … Continue Reading

Tracking Finances: There’s a (New Jersey Divorce) App For That.

Posted in alimony, child support, Civil Unions and Domestic Partnerships, Cohabitants' Rights, College, Counsel Fee Awards, Custody, Divorce, equitable distribution, Estate and Trust Issues, Interspousal Agreements, Mediation/Arbitration, modification, Other, Practice Issues, Prenuptial Agreements, Privacy and Confidentiality, Property Settlement Agreements, Resources, Tax Exemption

Oftentimes I hear from clients that gathering their financial information is the most daunting task they will face during the divorce process. They picture being buried in an avalanche of documents, account numbers and canceled checks. The New Jersey Divorce App’s Finance Tracker can help.  In fact, I have recommended it to my clients before,… Continue Reading

BEST PRACTICES FOR DIVORCE ARBITRATION

Posted in Mediation/Arbitration

As noted in yesterday’s post on  Minkowitz v. Israeli, the Appellate Division held that once you serve as a mediator, cannot then serve as an arbitrator, absent prior written consent to the dual role.  But the decision written by Judge Lihotz did more than that.  She seemingly opined upon what should be the “best practices” for binding… Continue Reading

A WRITING MAY NOT ACTUALLY HAVE TO BE A WRITING TO CONFIRM A SETTLEMENT REACHED AT MEDIATION

Posted in Mediation/Arbitration, Practice Issues

Last week, I posted about the new Supreme Court case regarding enforcing settlements reached at mediation. That case made clear that a settlement that is reached at mediation but not reduced to a signed written agreement will not be enforceable. Simple enough right. *Image Courtesy of PhotoExpress. But what is a writing.  The Court noted… Continue Reading

Are Court Appointed Experts Supposed to Try to Facilitate Settlement? If so, then when?

Posted in Mediation/Arbitration, Practice Issues

Very often, Judges will appoint their own expert to assist with their resolution of the case.  Some times, a Judge will appoint their own experts right from the get go.  In a recent case, a judge appointed a custody, business valuation and employability expert at the first motion, even though the parties planned on getting… Continue Reading