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Green & Associates, LLC Blog

NJ Arbitration and Family Law and Divorce in New Jersey

Feb 12, 2017 @ 06:00 PM — by Michael Green

NJ Arbitration and Family Law and Divorce in New Jersey

Rules changes were adopted as of September 1, 2016, for alternate dispute resolution and complimentary dispute resolution.  Collaborative divorce, mediation, and arbitration all have elements of alternative dispute resolution and complimentary dispute resolution.  In the divorce process there is mediation for child custody and parenting time and economic mediation, there is also the Early Settlement Panel.  At Early Settlement Panel, in a New Jersey Divorce, parties meet with a panel of two attorneys that review their settlement offers and generally tell the parties what a Court would likely do with that case in terms of a decision after a trial.

Arbitration requires that an arbitrator makes a decision that is generally binding. Whereas mediation, a mediator tries to get parties to agree to terms that are not binding on the parties.

Family Court Trends in Motion Practice and PostJudgment Motions, Plenary Hearings and Mediation

Jun 9, 2016 @ 04:02 PM — by Michael Green

If you have recently filed a motion for child support, child custody or alimony modification, or relocation or a postjudgment motion regarding the payment of shared expenses for children, you have likely run into the new trend in family court in New Jersey, the frequent ordering of the parties to mediation or a plenary hearing without deciding the issues.  The Court's it seems are getting more and more bogged down with motion practice and supported by case law are much more likely to order parties to mediation or a plenary hearing to decide their issues.  If you are facing a plenary hearing or future mediation as a result of filing a motion and are looking for assistance from an experienced divorce attorney or divorce lawyer, call us now at 732-390-0480 or 201-242-1119 for a free consultation.  We have night appointments as well.  

Divorce and Mediation as a Tool for Settlement

May 31, 2016 @ 11:37 AM — by Michael Green

The process of a divorce may have mediation as part of it in many ways.  Parenting time and custody mediation is first done in the courts for free for the parties early on in any divorce case that is filed in an attempt to remove those issues from any divorce litigation and to isolate out the economic issues from the custody issues, either of which may bog down any divorce litigation.  If the parties can come to an agreement in custody mediation, they may memorialize it in a consent order in the case.  Thereafter, only the economic issues may have to be litigated.  Later in the case, the parties are court ordered to economic mediation where they have to pay a court appointed mediator to mediate only the economic issues of their case.  Mediation may also be used in the beginning of the case by the parties in an effort to develop an MOU.

Divorce and Mediation v. an Uncontested Divorce

Oct 29, 2015 @ 06:24 PM — by Michael Green

We are often asked about when a couple should seek divorce mediation as opposed to an uncontested divorce. Many married parties wish to remain amicable durin their divorce and are seeking the best process to keep them amicable while they determine the terms of their divorce. Some parties do not wish to even file their complaint for divorce until they know the terms of their divorce in an effort to avoid a litigated divorce.

If parties are amicable but are having a problem determining the terms of their divorce, divorce mediation may be a choice.

Alternatively, if the parties essentially agree upon all the terms of their divorce, these parties may seek to have an uncontested divorce where the attorneys they hire seek to settle the case and not litigate the case. 

Economic Mediation as Part of the Divorce Process - What You Need to Know

Jul 22, 2015 @ 04:30 PM — by Michael Green

As part of any divorce that litigates towards trial, the parties will be Court ordered to economic mediation if the case is not settled after Early Settlement Panel and is heading towards trial.   A mediator, typically a lawyer, will be appointed by the Court, generally chosen by the attorneys involved and the parties will have to pay that mediator for their time.  The first two hours of economic mediation are free, thereafter, the parties pay the mediator on an hourly basis.  

Michael Green of Green & Associates has a wealth of experience in economic mediation and will assist you throughout the process, call us at 732-390-0480 in our East Brunswick office or 201-242-1119 in our Fort Lee office to set up an appointment for a free consultation regarding economic mediation and how it fits in your divorce process today!  We serve Middlesex, Bergen, Somerset, Monmouth, Union, Mercer and Essex counties.

Default divorces, Mediation-Friendly Divorces, Flat Fees and What You Need to Know

Jun 11, 2015 @ 12:41 PM — by Michael Green

In an amicable, uncontested divorce setting, where the parties are essentially agreed upon terms before or after a mediation, the parties may either go forward with a default divorce or an uncontested divorce.  At Green & Associates, we can help you through this process generally with flat fees.  In such a situation, generally, the parties are also seeking to avoid costly divorce litigation.  Call us now at 732-390-0480 or 201-242-1119 for a free consultation regarding an amicable divorce for a flat fee.