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

Tag Archives: Settlement

Enter the Realm of Reasonableness

Posted in Practice Issues

Yesterday, I blogged about the illusory "final offer", noting that most cases settle.  The reason for that is that there is a realm of reason, a range if you will, where cases with similar facts and circumstances, should resolve themselves based upon experience, statutes, case law, Guidelines, etc.  In most cases, absent wide valuation disparities, esoteric issues, bona… Continue Reading

Deciding Whether to Settle or Defend Yourself Against a Persistent and Financially Superior Spouse

Posted in Practice Issues

Reading and considering Eric Solotoff’s blog from earlier this week regarding the benefits of settlement, it is also critical to know when to settle and, quite frankly, whether to settle at all. This especially applies to those current or former spouses who simply cannot afford to litigate against a financially superior former spouse. This situation… Continue Reading

Another Reason to Settle – Parties can agree to things that Judge’s can’t mandate – like automatic reductions and formulas for alimony

Posted in Alimony, Modification, Practice Issues, Property Settlement Agreements

When settling a case, the parties and their lawyers can be far more creative in settlement then a judge can be if the case is tried.  While family judges have wide discretion in their decision making, creativity is crafting the most beneficial result for both parties is rarely something they can do.  In fact, in… 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 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

What Purpose Is Served By Telling Your Client What They Want to Hear (As Opposed to the Truth)?

Posted in Divorce, Practice Issues

I had a case recently where we had a conference call with the judge during which time, a discrete issue holding up resolution of a larger issue was discussed.  The judge made a suggestion which I took down verbatim and drafted language which I thought would resolve the issue. The problem, the judge’s suggestion was contrary to… Continue Reading

More on when a settlement is a Settlement

Posted in Interspousal Agreements, Other, Practice Issues

A recent case in which one party sought to enforce a purported settlement demonstrates the difficulties that arise when there is no signed agreement. In the unreported ( non-precedential) case of Galdo v. Hagarty, the parties were both represented by counsel during a dispute about the payment of child support and college expenses for one of… 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

MUSINGS ON PRINCIPLE VS. LITIGATION

Posted in Practice Issues

I have a matter now that will likely go to trial in the early part of the new year.  It appears inevitable.  Sometimes there are just those cases where a client is put in the impossible position of having to make a "Hobson’s choice" accepting a patently unfair or otherwise unpalatable settlement or taking their chances… 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