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...
View ArticleNEW 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...
View ArticleTHE 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...
View ArticleDIVORCE 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...
View ArticleNEW 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...
View ArticleHAVE LITIGANT’S 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...
View ArticleTHE 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...
View ArticleTHE 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 new norm....
View ArticleJUDGES ARE SUPPOSED TO DECIDE MATTERS RIPE FOR DECISION – NOT SEND IT TO...
We have all had this happen. Letters get written back and forth to try to settle a matter and/or you just file a motion because the issue is clear based upon the law and the facts. Or, the parties,...
View ArticleI CAN APPEAL MY ARBITRATION AWARD, RIGHT?
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,...
View Article‘Cause Baby, Now We’ve Got Bad Blood…
With finger pointing, unsolvable problems, sad thoughts about the good times, and, most eloquently, “No I don’t fear no more, better yet respect ain’t quite sincere no more,” it is as if Taylor Swift’s...
View ArticleThe New Jersey Supreme Court Enacts Rule 5:1-5, codifying Arbitration...
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...
View ArticleMarriage Is an “Adaptive Economic and Social Partnership”; Even After You...
In the recent matter of Perreault v. Perreault, P.P. and R.P. were divorced in 1996, after 22 years of marriage. Following a hearing, the Court ordered R.P. to pay permanent alimony in the amount of...
View Article“Conscious Uncoupling”: An Ode to a Mediated Divorce
As a lover of all things Coldplay, I was sad to hear that lead singer Chris Martin and his wife of more than 10 years, Gwyneth Paltrow, were divorcing. Gwyneth Paltrow announced the separation on her...
View ArticleDon’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 may very well...
View ArticleThe 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,...
View ArticleI Want an Oompa Loompa and I Want it Now
Ah, that unforgettable line uttered by Veruca Salt in Willy Wonka and the Chocolate Factory. As a matrimonial attorney, this is what it feels like we deal with quite often. But I am not referring to...
View ArticleA PUBLIC SERVICE ANNOUNCEMENT ABOUT RETAINING YOUR DIVORCE LAWYER
As a matrimonial litigant, you never want to feel that your lawyer does not know how best to take you through the divorce or post-divorce process. After spending substantial sums of money on an...
View ArticleThis 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 law disputes. Although an...
View ArticleMEDIATE, ALLEVIATE, TRY NOT TO HATE…LESSONS LEARNED FROM 80s ICONS
Ah, the 80s and MTV when bands still made music videos and we still cared to watch them. Many of you may remember the video for the INXS song “Mediate” at the back end of the video for “Need You...
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