New Jersey Family Law

NEW JERSEY DIVORCE MEDIATION

The court reverses the order enforcing a New Jersey divorce settlement allegedly reached during a court-ordered mediation session. It was error to allow the court-appointed mediator to testify, in violation of Rule 1:40-4(c).  And even without the mediator's testimony, the finding that the parties reached a settlement was not supported by the evidence, especially since both parties stipulated they failed to settle 3 significant issues.  Lehr v. Afflitto, App. Div. ___N.J. Super.___(App. Div. 2006), New Jersey App. Div., January 23, 2006

Mediation Triumphs

The Supreme Court of New Jersey has just handed a major victory to mediators and the mediation process. Recognizing that the essence of successful mediation lies in assuring confidentialtiy to the participants, the Court reaffirms decisions by the trial court and the Appellate Division, refusing to allow the testimony of a mediator as to matters heard or said during the mediation.  State v. Williams, ___N.J.___ (2005); ____WL ____; July 28, 2005

Negotiation

The father asked to be the primary residential custodial parent. The judge found the motion premature, because he failed to abide by New Jersey divorce agreement, which provided that the parties must attempt to resolve any issues between themselves before seeking court intervention. Instead, the court directed the parties to attend parenting classes and to negotiate, failing which the case will be referred to mediation. Maiorisi, etc. v. Danella, New Jersey App. Div., April 29, 2005