I represent the former H in a post judgment matter. The parties were sent to mediation by Judge McGrogan after a plenary hearing commenced. On Thursday, August 4, 2011 the mediator clearly and pointedly obtained the parties' specific consents to each and every point. On August 9, 2011 the mediator, at the request of both attorneys, drafted a Consent Order based on the agreement and circulated it. Other than some minor rewording to clarify the substance of the agreement, my client was prepared to sign the Consent Order. The former W wants to eviscerate the firm agreement that is a product of the mediation - she is out of control and the Judge knows it. The legal fees generated are absurd in the context of the settlement amount. The W now fired her attorney (claiming she can't pay an attorney anymore) and the Judge, who is furious at the W, wants to resume the plenary hearing on Friday. There was a recent unpublished AD case (Plaintiff is Willingboro Mall) that says that mediation agreements are enforcable even if not reduced to writing, if the parties have waived confidentiality. In that case there had already been a Motion to enforce the mediated agreement. That Motion and subsequent plenary hearing was deemed a waiver of the confidentiality. The AD focused on the need to assure that non-binding mediation was not meaningless when there was an agreement reached. Has anyone had a similar issue? My instinct is to immediately file a Motion to Enforce even if the Judge demands continuation of the plenary hearing on the underlying Motion.
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Barbara Cowen Esq
Hackensack NJ
(201)525-0025
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