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
Continue Reading Don’t Let Your Arbitration Agreement Bite You
The New Jersey Supreme Court Enacts Rule 5:1-5, codifying Arbitration Procedures for Divorce Matters.
Resolving issues pertaining to a divorce matter are not only costly and challenging, but if parties’ choose to litigate their issues before a sitting Family Part Judge, their dirty laundry
The Benefits of Mediation – Even If You Don’t Settle
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
Continue Reading The Benefits of Mediation – Even If You Don’t Settle
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
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“Settlement Anxiety” – An Effective Tool or an Unfair One?
Recently, I was at a mediation where the mediator, when telling us his assessment of my client’s case, said that he was creating “settlement anxiety.” I had never heard this
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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
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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,
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No Good Deed Goes Unpunished? Arbitrator’s Suggestions To Resolve Unrelated Issues Lead to Arbitration Award Being Vacated
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
Continue Reading No Good Deed Goes Unpunished? Arbitrator’s Suggestions To Resolve Unrelated Issues Lead to Arbitration Award Being Vacated
Best Practices for Divorce Arbitration
As noted in yesterday’s post on Minkowitz v. Israeli, the Appellate Division held that once you serve as a mediator, cannot then serve as an arbitrator, absent prior written
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Appellate Division Says That Mediator Cannot Then Serve as Arbitrator
Given the shortage of judges, backlog in the system and the rash of new judges, alternative dispute resolution has been coming more and more prevalent in the divore cases. For
Continue Reading Appellate Division Says That Mediator Cannot Then Serve as Arbitrator