Earlier today, Robert Epstein posted an interesting piece entitled The Psychology of Mediation. Whether people like it or not, alternative dispute resolution (ADR) is here to stay as the new norm. Court backlogs are long and trial dates are scarce, even when you want them. Moreover, the system is set up to have numerous
THE PSYCHOLOGY OF MEDIATION
At its core, mediation is designed to be a process by which parties reach an amicable agreement through compromise. This is what most litigants want, right? Avoid the fighting, along with the associated time and expense – sounds great. So what does psychology have to do with the mediation process? Well, it can truly mean
Have Litigants Lost Confidence in the System?
Is there a crisis in the courthouse? Have backlogs, delays, deferrals and/or the downright refusal to actually decide things created a lack of confidence in the judicial system? Is it possible to get a “real” trial date when you really need one? Has the system turned in to one of costly busy work, trials and/or
NEW JERSEY PASSES "FAMILY COLLABORATIVE LAW ACT"
Overshadowed by New Jersey’s enactment of alimony reform, on which we have previously blogged and will shortly provide an update, on September 10, 2014 Governor Christie also signed into law the New Jersey Family Collaborative Law Act. Collaborative Law is a form of alternative dispute resolution where, as described by the law, an attorney
Divorce Hotel – Paradise or Paradise Lost?
Some concepts never cease to amaze, especially when reality television is involved. Promising an idyllic setting for a “quickie” divorce, the Gideon Putnam Resort in Saratoga Springs, New York, is welcoming couples who want to end their marriage while surrounded by golf courses, swimming pools, hiking trails and spa treatments. While one can appreciate
THE RIGHT MEDIATOR – CHOOSE, BUT CHOOSE WISELY
Almost every client that walks through my door wants to know how quickly his or her divorce will last and how much it is going to cost. The best answer that I can generally give is, “it depends.” It depends on you and your spouse, it depends on the other lawyer, it depends on the
NEW JERSEY FAMILY LAW PODCAST SERIES PRESENTS: STOP. COLLABORATE. LISTEN.
In the third installment of our New Jersey Family Law Podcast Series, we are proud to present – Stop. Collaborate. Listen. Based on one of our earlier blog posts, Eliana Baer and I discuss why these three words are so critical to a successful outcome in divorce mediations, while highlighting the perils that can occur
Use of Mediation as a Strategy
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
HARRINGTON IS STILL ALIVE
I heard recently, perhaps in court or on one of the family law listserves, that “Harrington is dead.” What is Harrington you ask? As I previously blogged, Harrington is a case that stands for the proposition that if parties come to an agreement, that agreement can be enforced, even if there is no
Is Mediation Really The Best Way To Address “Get” Abuse?
Imagine you are drowning. You don’t have a life jacket. Your swimming companion is pushing you further and further under. What do you do? Do you stop and try to reason with your companion? Do you fight back and run for your life? Do you just lie down and die?
While the analogy is morbid,