Prior to the current coronavirus pandemic and resulting shelter in place orders, in many counties, there was already serious backlogs. What that means is that trial dates were hard to come by and even motions were scheduled to be heard months after they were filed. While the courts are not currently closed, they aren’t exactly
Terms Reached in Mediation Are Not Enforceable Without a Signed Agreement
In the recent unpublished (non-precedential) decision of Mathurin v. Matrhurin, the Appellate Division again confirmed that (1) agreements reached in mediation are not binding unless the terms are reduced to a writing signed by the parties and, ostensibly, their attorneys if present, and (2) absent such a writing, the court cannot consider discussions, unsigned
New Published (Precedential) New Jersey Appellate Division Decision Confirms that all Custody and Parenting Time Decisions Are Created Equal
In a new, published (precedential) decision, J.G. v. J.H., Judge Koblitz, of the Appellate Division confirmed and explicitly held what we all should have known before: No matter what type of case, the same rules apply with respect to discovery and investigation, and the trial court judge is under the same obligation to apply
You Know Why You Should Settle Your Retirement Alimony Case – Now What?
Last week, I blogged about whether you should settle your retirement alimony case and the ingredients that might go into that decision. To be honest, this “why you should or should not settle” question is only the beginning of what you might be facing when you decide it is time to retire and terminate your
Appealing Arbitration Awards: You Get What You Bargain For
When can a litigant appeal an arbitration award? In the recent decision of K.V.H. v. W.S.H., the New Jersey Appellate Division clarified the procedures by which a party, dissatisfied by the decisions rendered by an arbitrator, can challenge those awards.
In this matter, the defendant appealed from certain provisions of a series of
A Checklist for Your Custody and Parenting Time Wish List
A judge’s favorite line when custody is an issue is some variation of the following: No one is better equipped to make decisions about your children than their two parents, and certainly not the judge who does not know your family from the next family in line. They are not wrong, and they will do
Know Your Mediator
There is an old adage in litigation “know your judge.” Essentially what that means is that you should find out as much as you can about the judge you are appearing in front of both so you can try to understand what the outcome might be but more importantly, so that you can may a
I Can Appeal My Arbitration Award, Right? (Redux)
In 2015, I wrote a post on this blog with the same title because seemingly, this issue has been resolved for some time. All too often, parties would agree to mediate their disputes but would try to reserve a right to appeal, as of right, to the Appellate Division, as if the matter was tried
Mediate, Alleviate, Try Not to Hate…Lessons Learned from 80s Icons
Ah, the 80s and MTV when bands still made music videos and we still cared to watch them. Many of you may remember the video for the INXS song “Mediate” at the back end of the video for “Need You Tonight”, with the band holding a different sign for each word of the song until
This Agreement to Arbitrate Will Self-Destruct in 3…2…1…
Arbitration – essentially, a private trial in which the parties hire a fact-finder who serves in lieu of a judge – has become an increasingly common means of resolving family law disputes. Although an arbitration may be conducted with all the formalities of a trial, usually parties can agree to dispense with certain formalities, some