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NJ Family Legal Blog Pertinent Information As It Relates To New Jersey Family Laws

Tag Archives: ADR

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

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

If Your Agreement Has a Mediation Clause In It To Resolve Future Disputes, You Actually Have to Go to Mediation To Resolve Future Disputes

Posted in Mediation/Arbitration, Practice Issues

For whatever reason, it is not unusual for a Marital Settlement Agreement and/or Custody Agreement to have a mediation clause in it which requires parties to go to mediation before bringing an issue to the Court by way or motion.  For some issues, like enforcement, one questions the obligation to go to mediation.  Either someone… Continue Reading

Another day, Another Judge lost

Posted in Mediation/Arbitration

 There is no secret that New Jersey is suffering a significant crisis with respect to judicial vacancies. This year alone has seen a significant number of retirements without replacements being named.  The effect on the family courts, and in particular, the divorce docket, has been catastrophic.   I was at a meeting of family lawyers… Continue Reading

READ MARK ASHTON’S EXCELLENT POST ENTITLED “A DIVORCE NEGOTIATION PRIMER”

Posted in Divorce, Practice Issues

Mark Ashton, a partner in our Exton, Pennsylvania office, and a contributor the firm’s Pennsylvania Family Law blog, wrote an excellent post on that blog entitled "A Divorce Negotiation Primer". There are several points I would like to highlight: negotiations are confidential and cannot be introduced in court, except for very limited circumstances, but not as to the ultimate… Continue Reading

NO DO-OVERS WHEN YOU AGREE TO SUBMIT ISSUE TO AN EXPERT FOR A BINDING DECISION

Posted in Divorce, Practice Issues

As we recently learned from the Fawzy case that we blogged on, parties have a right to private ordering and self determination of how they want to resolve their cases.  In Fawzy, the NJ Supreme Court held that people could arbitrate custody matters as long as certain procedural measures were taken. Can people decide to submit… Continue Reading

COLLABORATIVE DIVORCE: PANACEA OR RECIPE FOR DISASTER

Posted in Practice Issues

Previously we blogged on alternate dispute resolution methods ("ADR") such as mediation and arbitration. "Collaborative Divorce" is another ADR method. "Collaborative Divorce" is defined as  a form of alternative dispute resolution for divorcing couples where a  team approach is used to reach a settlement. Both parties to the divorce are supported by their lawyers; however, they… Continue Reading

NEW DEVELOPMENT IN FAMILY LAW ARBITRATION

Posted in Custody

Previously both Jennifer Millner Weisberg and I blogged on a highly publicized New Jersey family law case, Fawzy v. Fawzy.  To read my prior post on this case, click here.  To read Jennifer’s post, click here.  For those of you who may not be familiar with Fawzy, this matter involves parties who opted to participate… Continue Reading

MEDIATION – IS THE MEDIATOR’S GOAL A FAIR SETTLEMENT OR ANY SETTLEMENT?

Posted in Alimony, Child Support, Practice Issues

Previously I blogged on the issue of mediation and my skepticism of the process under certain circumstances.  This week there was a spirited discussion regarding the issue of mediation on the New Jersey State Bar Association Family Law Section listserve.  As a result, I thought it would be wise to highlight some of the issues again. To… Continue Reading

READ MARK ASHTON’S INTERESTING POST ENTITLED “MEDIATE, ARBITRATE, NEGOTIATE: WHAT’S A CLIENT TO DO?”

Posted in Practice Issues

Mark Ashton, a partner in our Exton, Pennsylvania office, and the editor of the firm’s Pennsylvania Family Law blog, wrote an interesting post on that blog entitled Mediate, Arbitrate, Negotiate:  What’s a Client to Do?" To read the post, click here. Mark’s blog entry goes through the options of alternate dispute resolution.  Like Pennsylvania, in New… Continue Reading

Custody and Parenting Time Can NOT be Subject to Binding Arbitrated

Posted in Custody, Modification

This week in an opinion published by the Appellate Division, the Court  held that parties in a matrimonial action cannot agree to binding, non-appealable arbitration of child custody and parenting time issues.  Any such agreement would violate the Court’s parens patriae obligation to protect the best interests of the children. In the matter of Fawzy… Continue Reading

Divorce Arbitration – A Closer Look

Posted in Practice Issues

Some times, despite all of the parties’ best efforts – or in other cases, where one or both parties have no desire to settle, a case has to be litigated.  Trials are costly, for reasons you would think of, and also, for reasons that most people don’t consider.  A good rule of thumb is that… Continue Reading