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Articles Posted in Alternative Dispute Resolution

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Co-Parenting in a Pandemic: Help for Divorced or Separated Parents

Co-parenting children when parents are separated or divorced can be challenging in normal circumstances.  One would agree, however, that times are not normal.  The country is in the midst of a pandemic due to the COVID-19 virus.  Governor Murphy has closed schools and many business, and he has directed that…

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New Jersey Family Part Court Rule Amendments (2019) (Part I)

The calendar turning to September signifies different things to different people. For some it signals the end of heat and humidity, cooler temperatures and changing leaves. For others, it’s the kids finally going back to school. To still others, it signals the start of the football season, the excitement of…

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FAMILY COLLABORATIVE LAW: PANACEA OR PITFALL?

Only a court can grant a divorce. A court can also decide issues of custody and parenting time, alimony and child support, the distribution of property, as well as other claims incident to the dissolution of a marriage. However, a court need not decide these issues as the parties themselves…

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AND MEDIATION FOR ALL (ALMOST)

Last week, we wrote a blog post discussing the New Jersey Supreme Court’s recent enactment of Rule 5:1-5 which sets forth standards and procedures governing the arbitration of divorce matters. The Supreme Court codified recent case law which had addressed questions arising over the parties’ use of the arbitration process…

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The New Jersey Supreme Court Enacts Rule 5:1-5 to Further Codify Procedures Regarding the Arbitration of Pre and Post-Judgment Divorce Matters

More and more litigants today are agreeing to arbitrate matters outside of the public sphere of the courthouse and hire a private arbitrator to resolve their dispute in lieu of a judge in the court doing so.  In the context of a business  or contract dispute, the aggrieved parties might…

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What Lesson Can the Midterm Election Results Teach About Settling Divorce Cases?

Thomas Jefferson opined in his “Retirement Papers” that, “[G]overnment governs best that governs least”. It was a wise observation in the time of the patriots that established this great nation and has significant import today. We have just experienced our democracy in action as mid-term elections across this country registered…

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The Collaborative Divorce Process in New Jersey: Can a Conference Table Replace the Courtroom?

Most of us have watched the opening scene of the 2005 summer comedy, “Wedding Crashers”, where John Beckwith, played by Owen Wilson, and Jeremy Grey, played Vince Vaughn, serve as mediators in an acrimonious divorce between the equally recalcitrant  Mrs. Kroeger, played by Rebecca De Mornay, and Mr. Kroeger, played by Dwight…

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The ESP Process in New Jersey Divorce Cases – a Call for Uniformity

The vast majority of divorce cases settle by way of an agreement reached between the parties.  Only a small fraction of divorce cases are actually tried and decided by the court.  Over recent years, the judicial system has encouraged the use of complimentary or alternative dispute resolution proceedings, including mediation…

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Alternative Dispute Resolution: A Changing Landscape

It is not always commonplace for case law in the State of New Jersey to come down in quick succession that will totally change the landscape of an area of law.  However, that is just what has happened with regards to Alternative Dispute Resolution (ADR) thanks to the recent decisions handed down…

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Getting Started With a New Jersey Divorce

     The process of deciding and moving towards a divorce is a vexing and stressful time for anyone.  We ask our friends and families questions:  some stupid, some obvious, others befuddling and perplexing about what we should do when our marriage is not going as we had hoped or planned.   Should I…

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