Divorce doesn’t seem like a likely place to use alternate dispute resolution. After all, if parties could agree on things, they wouldn’t be getting divorced. But ADR is a crucial tool in resolving divorce cases. Trials are prohibitively expensive and drawn out. ADR allows parties to vent their feelings and resolve their differences in a setting less formal than a court room. ADR can also help parties iron out their own agreements about finances and children, which is beneficial for everyone.
There are three types of divorce ADR that are utilized in New Jersey: Mediation, arbitration and collaborative law. Mediation and collaborative law give parties the biggest say in the process and outcome. Arbitration is more formal and structured. Attorneys need to understand what each does and doesn’t do, and how to judge the appropriateness of each for specific cases. An attorney’s guidance in selecting the appropriate form of ADR is crucial.
Our program reviews the practical and legal underpinnings of all three, discusses the strength, weaknesses and ethical issues associated with each. The panelists, who have years of family law experience, will also discuss the Supreme court’s Ad Hoc Committee’s report on arbitration and it’s possible implementation.
Mediation
• Obligation to advise clients of ADR
• Pros and Cons of Mediation
• Private Mediation v. court ordered
• Economic mediation
• Mediation retainer agreements
• Memorandum of Understanding
• Selection of mediator
• Legal Authority for mediation
Collaborative Law
• Pros and Cons
• Statutory Authority
• Collaborative Law Participation Agreement
• Using Mental Health and Financial Professionals in the Collaborative Process
Arbitration
• Pros and cons of arbitration
• Selecting an arbitrator
• Controlling arbitration process
• Procedural Issues
• Case Management
• Conducting the Hearing
• Discovery
• Addressing limited issues
• Finality
• The Ad Hoc Committee’s Report
• The Fawzy decision
• Post Award Modifications
• Right to Appeal
• Judicial Review
Early Settlement Program
• Court Rules
• County program and differenced
• Attorney Tips
• Blue Ribbon panels
• Panelist participation
• How to complete the ESP statement
• How to present and defend in an ESP session
• What to do with the ESP recommendation for settlement
Ethical Issues
• Ethical issues for each of the above including
issues relating to impartiality, disclosure, and
privilege and multiple roles.
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Bonus:
As your materials, you will receive a copy of Laurence Cutler’s new book, New Jersey Family Law Alternative Dispute Resolution.
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NJ CLE information: This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 3.9 hours of total CLE credit. Of these, 1 qualify as hours of credit for ethics/professionalism.
| Credits |
| NJ CLE: This program has been approved for 3.9 credits (50 minute hour), including 1.0 ethics/professionalism credits |
| PA CLE: 2.5 substantive and 0.5 ethics credits pending ($16 fee – separate check payable to NJICLE must be submitted at the end of the program) |
| NY CLE (t&n/t): 3.0 professional practice and 1.0 ethics credits |
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Door Registration: $200