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
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
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
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
The recent Appellate Division case of Sirigotis v. Sirigotis, although unpublished (non- precedential), provides a great reminder of how important it is to know the “rules of engagement”.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”
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
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 becomes public record.
In order to resolve divorce litigation in a more private setting, parties have the choice of attending mediation and/or arbitration as alternative
As we have all seen and heard, alternate dispute resolution (ADR) is all the rage. Two common methods of ADR are mediation and arbitration. To describe the two as simply as possible, in mediation, the parties and their attorneys (and perhaps even their experts), meet with a neutral third party to help them to come
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
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 start of an arbitration, just like it is common practice before the start of a trial, to take one last crack at trying a case.