Charles C. Abut was a featured speaker at the annual continuing legal education seminar hosted by the New Jersey Chapter of the American Academy of Matrimonial Lawyers. Mr. Abut presented on the topic of Divorce Arbitration and Mediation of Sheridan issues. February 16, 2010
Instead of going to court, New Jersey family law allows various divorces issues to be privately arbitrated, including those pertaining to custody, visitation and parenting time. However, the arbitration must be transcribed. Here, because the New Jersey arbitration agreement prohibited a transcript, the award is reversed and vacated. Johnson v. Johnson, December 29, 2009
If you want to avoid going before a New Jersey divorce judge, the New Jersey Supreme Court has just given the green light for having all aspects of a New Jersey divorce case decided by an arbitrator, as long as she does not serve in a dual capacity, such as a guardian.Fawzy v. Fawzy, N.J. (2009); New Jersey Supreme Court, July 3, 2009
In their New Jersey divorce agreement, the parties agreed upon arbitration to resolve certain financial disputes. This was "overwhelmingly" proven. Accordingly, the New Jersey divorce judge's decision to the contrary is reversed and the parties are directed to proceed with the agreed-upon arbitration process. Leff v. Leff, New Jersey App. Div., March 23, 2009
A marital settlement agreement incorporated into a New Jersey divorce decree does not necessarily prevent a subsequent arbitration claim by a claimant against the ex-spouse's employer, a brokerage firm. Sweeney v. Sweeney, March 6, 2009