A lot of people believe that COVID has caused divorce cases to drag and the legal system to be ground to a halt – or at least, to lag behind.
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Arbitration
If You Want A Right to Appeal an Arbitration Award, Build it Into Your Arbitration Agreement
Many people opt for binding arbitration because it is supposedly faster and cheaper, and binding – thus final. Some people have to arbitrate their matters that they cannot settle amongst…
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Thoughts On Moving Cases Forward In Light of the Impact of Coronavirus
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…
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The Inability or Refusal to Settle By the Lawyer, Not the Litigant
In one of the earliest posts I did on this blog going back ten years or more, I posited that you can only really settle when the time is right…
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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,…
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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…
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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…
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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…
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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The recent Appellate Division case of Sirigotis v. Sirigotis, although unpublished (non- precedential), provides a great reminder of how important it is to know the “rules of engagement”.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,…
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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…
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