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
A PUBLIC SERVICE ANNOUNCEMENT ABOUT RETAINING YOUR DIVORCE LAWYER
As a matrimonial litigant, you never want to feel that your lawyer does not know how best to take you through the divorce or post-divorce process. After spending substantial sums of money on an advocate to aid you through a difficult and emotional process, let’s just say that “the blind leading the blind” is not
I Want an Oompa Loompa and I Want it Now
Ah, that unforgettable line uttered by Veruca Salt in Willy Wonka and the Chocolate Factory. As a matrimonial attorney, this is what it feels like we deal with quite often. But I am not referring to people just being demanding, I am talking about people making unreasonable demands, with no apparent justification in law or
The Arbitration “Rules of Engagement”
The recent Appellate Division case of Sirigotis v. Sirigotis, although unpublished (non- precedential), provides a great reminder of how important it is to know the “rules of engagement”.
In Sirigotis, the parties were able to resolve a majority of their issues by consent but agreed to submit the remaining unresolved issues to “final and binding”
Don’t Let Your Arbitration Agreement Bite You
You hear people talk all the time these days that mediation and arbitration, or quite frankly, any alternate dispute resolution (ADR) methods are the best things since sliced bread. They may very well be in the right case – which these days may be most of them given judicial backlogs, and other factors making presenting
“Conscious Uncoupling”: An Ode to a Mediated Divorce
As a lover of all things Coldplay, I was sad to hear that lead singer Chris Martin and his wife of more than 10 years, Gwyneth Paltrow, were divorcing. Gwyneth Paltrow announced the separation on her website Goop.com and used the term “conscious uncoupling” to describe their approach to divorce. Although the term had been
Marriage Is an “Adaptive Economic and Social Partnership”; Even After You Have Been Divorced for 19 Years. How Retirement Impacts Present Alimony Obligations.
In the recent matter of Perreault v. Perreault, P.P. and R.P. were divorced in 1996, after 22 years of marriage. Following a hearing, the Court ordered R.P. to pay permanent alimony in the amount of $500.00 per week. Neither the April 29, 1996 Final Judgment of Divorce, nor the August 7, 1996 Order provided