A trial is not the only way to settle your divorce
Continue Reading A Trial Is Not The Only Way To Settle Your Divorce
Intensive Settlement Conferences (ISCs)
Should You Leave Without Buttoning Down the Deal?
During the current football free agent season, you hear the pundits frequently say that if you get a free agent that you want to sign in your building, don’t let…
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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…
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Enter the Realm of Reasonableness
Yesterday, I blogged about the illusory "final offer", noting that most cases settle. The reason for that is that there is a realm of reason, a range if you will…
This Is My Final Offer, Except When It's Not
This is my final offer!!! Don’t you just love the ultimatum, the line in the sand, the threat of Armageddon if capitulation is not immediately at hand? I sure do. Is…
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The Never Ending Negotiation – Death By A Thousand Paper Cuts
Several years ago, I posted a blog entitled "Some Times You Just Have to Try a Case." In that post, I discussed that there are some times where a litigant…
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Another Day, Another Judge Lost
There is no secret that New Jersey is suffering a significant crisis with respect to judicial vacancies. This year alone has seen a significant number of retirements without replacements being named. The effect on the family courts, and in particular, the divorce docket, has been catastrophic. I was at a meeting of family lawyers just recently at which the assignment judge of a county in the southern part of the state was kind enough to come and discuss directly with the bar the situation. And while I deeply appreciated the fact that he did, and the efforts that the judges are making to accommodate the needs of the public, the fact of the matter is that the situation is untenable throughout the state. In some counties, the situation is so bad that there are no, I mean no, trials for contested divorce cases. In others, a case will not reach a judge for final disposition for three years, In several counties, judges have upwards of 500 cases to handle. Only a superhuman can give a matter the attention it deserves when having that type of case load.
The purpose of this blog is not to pass blame, nor to comment of the swirl of political posturing that goes on when this subject comes up. Rather, despite the fact that the vast majority of judges that I know are working late nights and weekends, they simply can’t keep up effectively. And that means that attorneys and litigants have to find an alternate method to resolve their cases in order to save money and get on with their lives and those of their children. Any good family lawyer will have an honest conversation about the cost ridden road to the Courthouse. Certainly, there are times that judicial intervention is necessary and as lawyers, we are prepared to take a case to the judge. However, alternate dispute resolution is an important piece of the puzzle.
There are several effective methods of alternative dispute resolution that must be considered by litigants. Some of these are woven into the court system. Some are complimentary to the system. Before filing for divorce, talk with your lawyer to determine whether mediation, or arbitration is a viable option for your situation.
Mediation can occur any time during the process, and can happen with or without attorneys. Many times litigants will agree to go to a mediator to resolve their differences and then the mediator will prepare a memorandum of the agreement that the parties have reviewed by their respective counsel. Sometimes, someone may be uncomfortable going through mediation without legal counsel. In that case, going with a lawyer can be a cost and time effective method to settle the case. When you go with a lawyer, you can make sure that your rights are protected, and you do not agree to anything without having the opportunity to discuss the ramifications.Continue Reading Another Day, Another Judge Lost
Sometimes You Just Have To Try a Case
Several months ago, I posted a blog entry entitled "All Cases Have a Life of Their Own" To view that entry click here. The premise was that while most…
Can You Just Give Me a Number?!?
Previously I blogged about the fact that cases have a life of their own and will only settle when both parties are ready. As I was trying to settle a…