Articles Posted in Alternative Dispute Resolution

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Last week, my colleague at this firm, Padraic Dugan, Esq 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 to resolve issues related to their divorce proceeding, rather than continuing to pursue litigation through the court system and having a judge decide the issues in their case. In so doing, the Supreme Court was furthering the policy that has evolved in recent years encouraging the use of complimentary or alternative dispute resolution (ADR) proceedings as a means to help parties settle cases and/or divert cases from a growingly overburdened judicial system. Continue reading

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contract2More 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 be more inclined to consider having an arbitrator decide their case. Continue reading

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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 a historically significant vote of no confidence in the direction of our country. Although this blog is dedicated to informing people on the status of Family Law in New Jersey, a momentary departure from that goal seems warranted to examine what lesson can be learned from the recent mid-term election results  that can be applied to a litigation strategy. After all, family law is the product of governmental action, and changes in government attitude and the public’s expectation of their government has a profound influence on the law. Continue reading

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TableMost 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 Yoakam. Nine years after moviegoers were treated to one of the funniest incidents of  alternative dispute resolution ever depicted in film, last week the New Jersey Senate Budget and Appropriations Committee unanimously passed The Family Collaborative Law Act, S1224, which will now go to the full Senate. Continue reading

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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.  Continue reading

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file0001073676107It 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 by the Supreme Court of New Jersey and the Appellate Division in the past two (2) months.  Continue reading

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625807_the_rings     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.   Continue reading