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

Tag Archives: mediation

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

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

How to Not Settle Your Case

Posted in Practice Issues

Having just experienced several months of "interesting", to say the least, negotiations on several matters, it got me thinking about creating a list of things to do if you really don’t want to settle your case.  Hey, every body is entitled to their day in court if they want it. So what if there is… 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

If a Tree Falls During Mediation, Can the Mediator Tell Anyone About It?

Posted in Mediation/Arbitration

Last week, Larry Cutler posted a piece on this blog entitled "Are Mediation Proceedings Really Sacred and Secret?"  The inspiration for this post was a recent published Appellate Division case Willingboro Mall, Ltd. V. 240/242 Franklin Avenue, L.L.C.., a case in which a mediator actually filed a certification and testified.  That, however, is the exception but not the rule. … Continue Reading

ARE MEDIATION PROCEEDINGS REALLY SACRED AND SECRET?

Posted in Divorce, Mediation/Arbitration

            Generally speaking, New Jersey statutes and court rules cloak settlement negotiations with secrecy (legally, called a “privilege”) such that what goes on in those proceedings are not evidential, that is, they are “privileged” from being disclosed to a court.             Somewhat of an exception arises in cases in which the negotiations produce an oral… Continue Reading

Disqualification of a Decision-Maker

Posted in Divorce, Mediation/Arbitration

 The most timely and important issue in the recent Appellate Division case of N.H. v. H.H. dealt with the rapidly developing law of the alternative process of arbitration in the family law context, and in that case, particularly as that process relates to children issues. That is the subject of a companion article on this blog…. 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

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

DIVORCE FOR THE WELL-TO-DO

Posted in Alimony, Divorce, Equitable Distribution, Estate and Trust Issues, Mediation/Arbitration, Prenuptial Agreements, Privacy and Confidentiality

As seen in Affluent Magazine. Divorce for those of substantial wealth relative to those of limited wealth is an oxymoron – aspects of divorce between the two classifications are both similar and yet quite different. In final analysis, it is a question of degree – that is, the number of zeros behind the dollar signs…. 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