Mediated Agreement Without Party Signatures Was Held To Be Binding

In Campbell v. Campbell, the Defendant appealed from the incorporation unsigned parenting time agreement into the parties' final divorce judgment after a failed attempt at mediation. The Appellate Division affirmed the decision of the Family Court. The parties in this case have two (2) sons who were aged six and ten at the time of the agreement. The younger son has special needs and has suffered from epilepsy. The terms of the agreement in question were reached during a mediation which was held in 2012. The agreement was written down by the mediator. The resulting Memorandum of Understanding (MOU) was unsigned, but the case was reported to the court as settled concerning all parenting time issues. The Defendant filed an Answer to the divorce Complaint, before the mediation, containing a parenting time plan that gave him the same schedule with the children that was reached in the MOU except rather than two week night dinner visits, he would have had one weekly dinner and one weekly overnight visit. In the MOU the parties agreed to joint legal custody along with the parenting time designation for each parent including summer vacations and holidays. The reasons for the delay in signing the MOU were disputed, but in the interim, the Defendant rejected the terms of the MOU unless the Plaintiff agreed to modify it to include two (2) weekly overnights with his children along with some other changes. The Plaintiff agreed to make some of the changes but not all. Two months after the mediation session and after the continued negotiation the Defendant rejected the MOU. In 2013, the Plaintiff filed a Motion seeking to incorporate the MOU into the parties' divorce decree. The Family Court judge granted the Plaintiff's Motion after observing that the children substantially benefited from the parties' agreement and that the MOU could be modified slightly for the best interests of the children. According to the Appellate Division, it is well established that our judicial system encourages and supports negotiated agreements between divorcing parties. Weishaus v. Weishaus, 180 N.J. 131, 143 (2004); Konzelman v. Konzelman, 158 N.J. 185, 193 (1999). Mediation is an alternative means of resolving parenting conflicts and is also available to "resolve aspects of family law matters." Court Rule 1:405(b)(2). The statutory source for mediation is the Mediation Act, N.J.S.A. 2A:23C-1 to -13. The court found that in this case, after the parties reached an agreement, the Defendant had a gradual change of heart and that triggered a new round of litigation . Under the circumstances, the Appellate Division affirmed the decision of the Family Court holding that the Family Court judge's ultimate decision to incorporate the MOU into the divorce decree was based upon weighty equitable considerations that warrant the enforcement of the document. If you believe that mediation is possible in your divorce or family law matter be sure to contact an attorney experienced in mediation and proper drafting and execution of Memorandums of Understanding. For more information about mediation, post-judgment modification, parenting time, equitable distribution, divorce, or other family law matters in New Jersey visit the DarlingFirm.com. This blog is for informational purposes and in no way is intended to replace the advice if an attorney.

Mediation Of Custody and Parenting Time Issues

In the recent Appellate Division case, D.A. v. R.C., the court remanded the parties to mediation to attempt to resolve issues regarding the child custody and parenting time arrangement with regard to their son because the Family Court failed to properly address the legal and factual issues of the case. The parties' son Jeremy was born in 1998. The parties, in 2002, executed a Consent Order for joint custody which specified that Jeremy would live with D.A. and enjoy liberal parenting time with R.C. In 2012, R.C. submitted a Motion to the court to alter the Consent Order to have Jeremy live with him because his relationship with D.A. had disintegrated. D.A. objected to the Motion arguing that the custodial arrangement was only intended to be temporary to allow her to graduate from the police academy. During three (3) hearings that were conducted on this issues the parties each presented completely opposing views with regard to their custody arrangement. D.A., the Plaintiff, argued that R.C., the Defendant's, home life was filled with domestic violence which endangered Jeremy and make R.C. unfit to be her son's residential parent. The Defendant argued that D.A.'s adversarial parenting style drove their son away from her so much that he did not want to live with her. The Appellate Division found that due to the level of informality with which the hearings were conducted the resolutions that were adjudicated with regard to the disputed issues were precluded. According to the record, the trial judge was not aware that due to the fact that Jeremy's parenting time and custody were genuine and substantial issues that were unresolved, he was obligated under Rule 5:8-1 to refer the case to mediation. Due to this oversight, the Appellate Division remanded the case to mediation so that the parties could attempt to resolve the issues that remained. Based upon the parties' history of antipathy towards each other and their prior unwillingness to attempt to reach a mutual compromise the Appellate Court directed that the Family Court closely oversee the mediation. Further, if mediation failed to resolve the parenting time and custody issues the Family Court judge was directed to conduct a hearing to solve the factual disputes and legal findings on the record as is required by N.J.S.A. 9:2-4(f) and N.J. Court Rule 1:7-4(a) by either interviewing Jeremy in camera or placing the reasons for not doing so on the record. Finally, the Family Court judge must consider the factors found in N.J.S.A. 9:2-4(c) to reach a decision because he previously failed to consider them. Child custody and parenting time cases are of the most emotional and difficult cases in all of family law. If you anticipate that you may want to petition the court for a modification of your current child custody arrangement it is critical that you seek out the advice of an experienced attorney before moving forward. For more information about child custody, parenting time, mediation, or other family law matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes and in no way is intended to replace the advice of an attorney.

Collaborative Law Act Directs NJ Toward Mediation

Most recently, the headlines have been cluttered with news about New Jersey alimony reform, but on September 10, 2014 Governor Christie also signed the New Jersey Family Collaborative Law Act into law which allows parties to engage a process very similar to mediation. Collaborative law is a derivation of mediation and/or other alternative dispute resolutions where a lawyer is hired to assist a client in solving family issues in a non-adversarial manner without utilizing the court system. In these types of situations the goal of both parties is to reach a resolution to their family law problems without resorting to litigation. Participants must enter into a collaborative law participation agreement which must be signed by the parties, include the parties' intention to resolve their issues using the collaborative law method, mention the confidentiality of the communications and evidence involved, establish the scope of the dispute, and detail how everything will begin and end. The agreement must also contain the identity of the collaborative lawyer representing the parties and define/limit that lawyer's role in the process. The process is concluded when there is a signed settlement agreement or a formal termination of the process. A party may terminate the process if and when: 1) giving notice in a record that the process has ended, with or without cause; 2) if and when a party files a document without the agreement of all parties; 3) if either party obtains or becomes subject to a temporary or final restraining order; 4) an action being initiated asking a tribunal issue a form of emergency relief to protect the health, safety, welfare, or interests of a party; 5) firing their collaborative law attorney; 6) a party does not provide all of the necessary information to properly resolves a dispute; or 7) the collaborative law attorney ceases further representation of a party. Utilizing alternative dispute resolution methods such as collaborative law or mediation can provide parties with a cost saving and emotionally softer approach to revolving their family law issues while avoiding the complex and expensive route of litigation. Collaborative law can be very powerful in theory but it requires that both parties act with reason and possess the motivation to resolve issues voluntarily and with good intentions. If you are thinking about filing for divorce or utilizing collaborative law, mediation, or any other alternative dispute resolution method during your divorce proceeding it is advisable that consult with an attorney who has experience in his area of the law. For more information about mediation, divorce, uncontested divorce, or other family law matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes and in no way intended to replace the advice of an attorney.

Custody And Parenting Time Dispute Mediation Compelled

In the recent Appellate Division case, Piscopo v. Piscopo, a father petitioned the Family Court to stop his ex-wife from relocating with their children and to compel her to honor their mutually agreed upon Consent Order to resolve issues of custody and parenting time through mediation before going to the courts. The Plaintiff, Brian Piscopo, appealed from a 2013 Family Court Order that denied his request to restrain the Defendant, Michelle Piscopo, from: 1) moving to Holmdel, New Jersey with the parties' children, and 2) the modification of the parties' custody and parenting time arrangement. The Appellate Division affirmed the decision of the Family Court. The parties in this case were married in 2007 and subsequently had two (2) children together. Upon the filing of the divorce complaint the parties participated in custody mediation which was successful. In 2012, the parties entered into a Consent Agreement which seemingly solved all issues with regard to custody and parenting time. According to the Consent Order, the parties agreed to share joint legal custody of their two (2) children with the Defendant as the parent of primary residence and the Plaintiff as the parent of alternate residence. Further, the Order specified that the parties would continue to work out a mutually agreeable parenting time schedule that was consistent with their daily lives but that Plaintiff would have parenting time every other weekend and over nights every Monday and Thursday. Finally, the Order included a term that the parties agreed that if a dispute over parenting time were to arise they shall first attempt to solve the issue through communication with each other, their attorneys, and/or through mediation before litigating the matter. In late 2013, the Defendant decided to move to Holmdel, New Jersey and the Plaintiff objected and filed an application with the court to prevent the move. The Plaintiff argued that pursuant to the Consent Order he enjoyed nearly equal parenting time with the Defendant and if she were to move to Holmdel he would not be able to continue his shared parenting time. The Family Court judge compelled the parties to first attempt to solve the issue outside of court, as per their agreement and directed them to attend mediation. The Plaintiff appealed. The Appellate Division found that the parties' Consent Order, which was incorporated into their Final Divorce Judgment and Property Settlement Agreement, expressly provided for dispute resolution, including mediation, before either party resorts to litigation. Further, marital settlement agreements and their like are "favored by the courts as a peaceful means of terminating marital strife and discord so long as they are not against public policy." Dolce v. Dolce, 383 N.J. Super. 11, 20 (App. Div. 2006); Weishaus, Weishaus, 180 N.J. 131, 143-44 (2004). In this case, the Appellate Court found that the Family Court judge was correct to enforce to parties' mutually agreed upon dispute resolution agreement, as mediation has proven to be successful in the past for parties with similar disputes. Finally, the Appellate Court added that "should mediation prove unsuccessful, nothing in the trial court's order precludes either party from promptly returning to court to adjudicate their dispute." Child custody and child relocation cases are of the most emotional and difficult cases in all of family law. If you anticipate that you may want to petition the court for to modify your custody arrangement or to deal with your child relocation issue it is critical that you seek out the advice of an experienced attorney before moving forward. For more information about custody and visitation, child relocation, parenting time, divorce, or other family law matters in New Jersey visit DarlingFirm.com. This blog is for informational purposes and is in no way is intended to replace the advice of an attorney.

Man Seeking Repayment For Divorce Mediation Costs Turns To Court

In the New Jersey Appellate Division case, Gille v. Gille, the Plaintiff Carl B. Gille appealed for a post-judgment reconsideration of a 2013 Family Court Order that directed that he and his ex-wife pay for divorce mediation in proportion to their earnings. The parties in this case were married in 1991 and had four (4) children together. In 2011, they decided to divorce. During the parties' marriage, the Plaintiff earned a substantial salary as a hedge fund manager earning close to $4,000,000 a year between 2006 and 2009. Beyond this, a substantial amount of assets were accumulated during the parties' marriage. Upon the matter being scheduled for trial, the Family Court judge suggested that the parties attempt to resolve the issues of their divorce using mediation. The parties chose a mediator and the Plaintiff paid the $7,500 retainer cost. The parties eventually reached an agreement which was incorporated into their divorce judgment in 2011. Afterward, the Plaintiff argued that he and the Defendant informally agreed to split the cost of the mediator, but was unable to provide proof of this. In a Court Order issued in 2013, the judge directed that the Plaintiff and Defendant pay the balance due to the mediator, $14,185, based upon their percentage of income for 2010 - which represented the last year in which financial information was available prior to the agreement being executed. It is from this Order that the Defendant appealed and the Appellate Division affirmed the decision of the lower court. In its decision, the Appellate Division notes that the Family Court judge's allocation of payment regarding the parties' mediator fees was considered to be a cost that was "engendered by the matrimonial proceeding," the review of which is governed under the abuse of discretion standard. Furst v. Einstein Moomjy, Inc., 182 N.J. 1, 25 (2004); Rendine v. Pantzer, 141 N.J. 292, 317 (1995). The Plaintiff argued that the trial court erred because it did not conduct a plenary hearing to resolve the issue of the mediator's fees, but the Appellate Court found that this argument was moot because the request was not previously made and the court will only "consider questions or issues properly presented to the trial court when an opportunity for such presentation is available." Neider v. Royal Indem. Ins. Co., 62 N.J. 229, 234 (1973). The Appellate Court opined, in any event, that the Plaintiff's claim that he and the Defendant had an oral agreement that they would equally share in the mediator's fees was without merit because he was unable to prove such. The court agreed with the Plaintiff that the Defendant benefited as much as he did from the mediator's services, but the issue for the court turned on the great disparity between the parties' earnings. Therefore, requiring the parties to contribute to the fee in proportion to their earnings represented a reasonable and equitable resolution and therefore no abuse of discretion was found. If you and your partner are considering mediation as a means through which to proceed with a divorce it is imperative that you seek out the advice of an experienced attorney before moving forward. For more information about mediation, divorce, post-judgment modification, or other family law matters in New Jersey visit DarlingFirm.com. This blog is for informational purposes and in no way is intended to replace the advice of an attorney.

To Mediate Or Not To Mediate

Going through a Divorce in New Jersey can be a very complicated process, for those entrenched in this arduous course of action, mediation may be a valuable option. Mediation is a process whereby parties to a divorce can go before a mutually agreed upon neutral party, the mediator, and attempt to resolve issues pertaining to the divorce. Mediation offers a less expensive and quicker alternative to having to petition and go before a court of law to resolve the issues in the divorce. The goal of a divorce mediation is to have the parties agree to terms which can be transferred to a formal divorce settlement agreement. Perhaps the primary concern for parties seeking to engage mediation during their divorce is the qualifications and experience of the divorce mediator. In order for the mediation process to be efficient and effective the parties should be motivated to peacefully negotiate and the mediator should be able to properly advise the parties as to the applicable laws regarding equitable distribution, alimony, as well as other issues that arise during a divorce. In addition, a qualified divorce mediator should know how a court would likely rule on an issue so that he or she could attempt to help the parties reach an equitable agreement on such individual issues. It is critical that parties research the qualifications of a divorce mediator before engaging the process. There are many professionals throughout New Jersey who refer to themselves as "mediators," but who have limited experience actually conducting mediations. Parties should take the time to research the certifications and experience of any professional mediator that they may be researching or hiring. A divorce settlement agreement or any terms contained therein may be unenforceable in court if an inexperienced or unqualified mediator is not knowledgeable with regard to the current laws of New Jersey. In sum, mediation can offer a cost effective and time sensitive alternative to resolving divorce issues, provided that the mediator is qualified to conduct the mediation and draft the agreement. If you are thinking about filing for divorce or utilizing mediation during your divorce proceeding it is advisable that consult with an attorney who has experience in this area of the law. For more information about mediation, equitable distribution, divorce, or other family law matters in New Jersey visit HeatherDarlingLawyer.com and NJCivilUnionLaw.com. This blog is for informational purposes and in no way intended to replace the advice of an attorney.

The Divorce Case Management Conference

The process and procedures involved in a divorce can become quite complicated, an important component of a divorce case is the case management conference. A case management conference is held after the divorce complaint has been filed by the plaintiff with the court and the defendant has submitted a response. After these initial pleadings have been filed, the court will schedule a case management conference. The purpose of a case management conference is to bring the parties together in court to discuss the initial issues that are involved in the divorce process. During the conference, the parties will discuss the items that will be requested during the discovery process and to implement a discovery schedule. During the discovery process, the parties provide each other's attorneys with information regarding marital assets, property, debts, and income. This information will provide the court and the attorneys with the information necessary to determine the equitable distribution of such property and assets. In addition, at the conclusion of the case management conference the court will render a case management order which will set forth the discovery schedule and will include which, if any, experts may be required and when their evaluations, valuations, appraisals, and other important documentation will be due to the parties' attorneys. In New Jersey, most judges will require that the parties attend the case management conference and contribute to the preparation of the case management order. Further, the court will most likely order that the parties engage in parenting mediation and other measures to provide the parties with an opportunity to settle or resolve many of the impending issues that will surface in the impending divorce proceedings. Ultimately, the case management conference is an important first step in the divorce process that will attempt to set the path for the process and help the parties by providing the resources necessary to resolve as many of the property, child custody, child support, parenting time, and other issues as efficiently and quickly as possible. If you are considering a divorce or civil union dissolution it is critical that you have experienced legal counsel at your side to guide you through the legal process. For more information on Divorce, Custody & Visitation, Child Support, Alimony/Spousal Support, Mediation, Dissolution, Parenting Time or other Family Law matters in New Jersey visit NJCivilUnionLaw.com and HeatherDarlingLawyer.com. This blog is for informational purposes and in no way intended to replace the advice of an attorney.

Not Ready For Divorce? Try A Separation Agreement

If you are not quite ready for a divorce, maybe you should first try a separation agreement. A couple contemplating divorce in New Jersey may want to take some time apart from each other to re-evaluate their feelings or weigh the future implications that a divorce may have on their lives. Divorce proceedings can become extremely complicated and difficult processes. While a conflict situation may seem to be headed in the direction of a divorce, it is very common that a couple may not be quite ready to make the life-changing, and potentially expensive decision to begin the divorce proceedings, on impulse. For people in this situation, there is an option. A legal separation can be bound by a separation agreement. Separation agreements afford couples who are contemplating a divorce with the opportunity to suspend, but not completely end their marriage. Therefore, the couple can take the time that they need to decide what is best for them in the future and how they will move forward. One of the primary benefits of a separation agreement is that it can function much like a contract or a pre- or post-nuptial agreement in that it can provide legal protections for each of the parties while they seek options such a marriage counseling, mediation or other attempts to reach a mutual reconciliation. The separation agreement is a document that both parties willingly and voluntarily enter into that can detail how particular issues between them are handled during the course of their separation period. Issues that can be addressed in a separation agreement include important life issues and considerations such as child custody and visitation rights, alimony and spousal support considerations, child support obligations, living arrangements, parenting time, and almost any other pending area of conflict between the parties. If the parties eventually decide to divorce, the separation agreement can act as a stepping stone or framework for the structuring of the impending divorce and the equitable distribution of assets. On the other hand, if the parents decide that after their separation period they want to try to reconcile, they can receive solace from the fact that while they were legally separated their interests and assets were legally protected. If you and your spouse or civil union partner wish to try reconciling your issues by way of temporary separation before tossing away the time you have together and the memories that go along with it, you should consult with an experienced family law attorney regarding a separation agreement to protect your rights and interests during any trial separations. For more information about Divorce, Custody & Visitation, Child Support, Alimony/Spousal Support, Mediation, Dissolution, Parting Time, Mediation or other Family Law matters in New Jersey visit www.NJCivilUnionLaw.com and HeatherDarlingLawyer.com. This blog is for informational purposes and in no way intended to replace the advice of an attorney.

Mediation As An Alternative In Divorce or Dissolution

Many people concerned with the potential costs of a divorce and the lengthy process in the Courts are looking towards mediation as an alternative to traditional litigation. Mediation is one of the Alternative Dispute Resolution tools, another being arbitration. Mediation allows you to be in control of the legal issues you are facing, including those arising both before and after your divorce. You have several options to consider. You can choose to mediate with your spouse or partner and a neutral mediator who will help you facilitate negotiations of all issues involving your divorce or dissolution, such as custody, support and equitable distribution of the marital assets and debts to come to an amicable resolution. You can also choose to mediate with one or both parties having an attorney present in addition to the mediator. Also, you can mediate your family law matter in a 4 way settlement conference involving yourself, your spouse or partner and both of your attorneys without the additional expense of a mediator. Although there is additional cost, the benefit of a mediator is that they are able to help bring both sides together on issues where the attorney for either party may dig their heels in on a point and refuse to negotiate further. Another benefit to having a mediator is, in the event of a dispute between the parties as to what the actual terms of the agreement were, the mediator can clarify the discussion and insure both parties are sticking to the deal that was made. The mediation process can be started either before or after the filing of pleadings with the court. If the process is successful then a written mediation memorandum of understanding is executed. A written mediation memorandum can be converted into a formal property settlement agreement and attached to your Judgment of Divorce Mediation or converted to a consent order and filed with the court. Mediation may not be for everyone, and is often ineffective when there is a history of verbal and/or physical abuse between the parties. If you are thinking about divorce or dissolution or have issues that have arose after your divorce was finalized then you should consult with an experienced family law attorney to protect your rights. For more information about Mediation, the Alternative Dispute Resolution Process, divorce, dissolution, alimony, custody, child support or other family law matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter.