NJSBA Family Law Section

Does anyone have a form judgment of divorce referring the parties to arbitration? (Sheridan issues - can't try the case)  I've had the issue before, but never drafted the JOD.  On-list or off would be welcomed.

Thanks,




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David Perry Davis, Esq.
112 West Franklin Avenue
Pennington, NJ 08534
Voice: 609-737-2222
Fax: 609-737-3222
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Usually we postpone the JOD pending arbitration. But in those cases where we don't we simply add a clause that the parties agree to arbitrate the following issues pursuant to whichever arbitration statute you want to use:The New Jersey Alternative Procedure for Dispute Resolution Act, ("APDRA")N.J.S.A. 2A:23A-1 et seq., OR
 The Uniform Arbitration Act, ("UAA'') N.J.S.A. 2A:23B-1-32, et. seq.;
2. It is also a good idea to preselect the arbitrator and designate who will advance the initial fees.

If you go to njdivorcearbitrators.com, you will find some useful information and a listing of Arbitrators.

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Mark Gruber Esq.
Hopatcong NJ
(973)398-7500

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Original Message:
Sent: 02-27-2014 10:10
From: David Perry Davis
Subject: JOD referring parties to arbitration

Does anyone have a form judgment of divorce referring the parties to arbitration? (Sheridan issues - can't try the case)  I've had the issue before, but never drafted the JOD.  On-list or off would be welcomed.

Thanks,




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David Perry Davis, Esq.
112 West Franklin Avenue
Pennington, NJ 08534
Voice: 609-737-2222
Fax: 609-737-3222
-------------------------------------------

These are good suggestions from Mark.

In addition, have the proposed Arbitrator include in her retainer agreement her written representation that (a) she will never proactively report any of the Sheridan issues to the IRS, the State of New Jersey or any other authority, no matter what and (b) if served with a Subpoena or Court Order, she will maintain strict confidentiality and never divulge any of the Sheridan issues to the IRS, any other authority or any third-parties,  no matter what.


Charles Abut Esq.
Hackensack NJ
(201)342-0404








Original Message:
Sent: 02-27-2014 10:37
From: Mark Gruber
Subject: JOD referring parties to arbitration

Usually we postpone the JOD pending arbitration. But in those cases where we don't we simply add a clause that the parties agree to arbitrate the following issues pursuant to whichever arbitration statute you want to use:The New Jersey Alternative Procedure for Dispute Resolution Act, ("APDRA")N.J.S.A. 2A:23A-1 et seq., OR
 The Uniform Arbitration Act, ("UAA'') N.J.S.A. 2A:23B-1-32, et. seq.;
2. It is also a good idea to preselect the arbitrator and designate who will advance the initial fees.

If you go to njdivorcearbitrators.com, you will find some useful information and a listing of Arbitrators.

-------------------------------------------
Mark Gruber Esq.
Hopatcong NJ
(973)398-7500

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Original Message:
Sent: 02-27-2014 10:10
From: David Perry Davis
Subject: JOD referring parties to arbitration

Does anyone have a form judgment of divorce referring the parties to arbitration? (Sheridan issues - can't try the case)  I've had the issue before, but never drafted the JOD.  On-list or off would be welcomed.

Thanks,




-------------------------------------------
David Perry Davis, Esq.
112 West Franklin Avenue
Pennington, NJ 08534
Voice: 609-737-2222
Fax: 609-737-3222
-------------------------------------------

In addition to referring to the agreement to arbitrate in the JOD and dealing with it on voir dire, we also put together an executed Consent Order that spells out the specifics of the Arbitration, including name of Arbitrator (if we've already agreed), payment allocation/terms, statutory authority, process, appealability, scope, etc. (all the nitty gritty). Hope this helps. Really need to cast the terms on a case by case basis.

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Curtis Romanowski Esq.
Senior Attorney - Proprietor
Brielle NJ
(732)603-8585

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Original Message:
Sent: 02-27-2014 10:43
From: Mark Gruber
Subject: JOD referring parties to arbitration

Usually we postpone the JOD pending arbitration. But in those cases where we don't we simply add a clause that the parties agree to arbitrate the following issues pursuant to whichever arbitration statute you want to use:The New Jersey Alternative Procedure for Dispute Resolution Act, ("APDRA")N.J.S.A. 2A:23A-1 et seq., OR
 The Uniform Arbitration Act, ("UAA'') N.J.S.A. 2A:23B-1-32, et. seq.;
2. It is also a good idea to preselect the arbitrator and designate who will advance the initial fees.

If you go to njdivorcearbitrators.com, you will find some useful information and a listing of Arbitrators.

-------------------------------------------
Mark Gruber Esq.
Hopatcong NJ
(973)398-7500

-------------------------------------------






Original Message:
Sent: 02-27-2014 10:10
From: David Perry Davis
Subject: JOD referring parties to arbitration

Does anyone have a form judgment of divorce referring the parties to arbitration? (Sheridan issues - can't try the case)  I've had the issue before, but never drafted the JOD.  On-list or off would be welcomed.

Thanks,




-------------------------------------------
David Perry Davis, Esq.
112 West Franklin Avenue
Pennington, NJ 08534
Voice: 609-737-2222
Fax: 609-737-3222
-------------------------------------------

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Dale Console Esq.
Kingston NJ
(609)683-0003

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It is a seriously bad idea to enter a final judgment referring the parties to arbitration on any issue.  This is nothing other than a bifurcation and creates more problems than it solves.  There was a proposed rule change on this last year which hasn't yet passed but in the interim, just tell the judge the matter is going to arbitration and you cannot enter into a final judgment until the arbitration is over. 





Original Message:
Sent: 02-27-2014 12:57
From: David Perry Davis
Subject: JOD referring parties to arbitration

Does anyone have a form judgment of divorce referring the parties to arbitration? (Sheridan issues - can't try the case)  I've had the issue before, but never drafted the JOD.  On-list or off would be welcomed.

Thanks,




-------------------------------------------
David Perry Davis, Esq.
112 West Franklin Avenue
Pennington, NJ 08534
Voice: 609-737-2222
Fax: 609-737-3222
-------------------------------------------

I agree and that would be fine if you had a cooperative judge. Last one we had, the judge (no longer in family) either wanted a JOD or to begin testimony. We welcome the Rule.

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Curtis Romanowski Esq.
Senior Attorney - Proprietor
Brielle NJ
(732)603-8585

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Original Message:
Sent: 02-27-2014 14:24
From: Dale Console
Subject: JOD referring parties to arbitration



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Dale Console Esq.
Kingston NJ
(609)683-0003

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It is a seriously bad idea to enter a final judgment referring the parties to arbitration on any issue.  This is nothing other than a bifurcation and creates more problems than it solves.  There was a proposed rule change on this last year which hasn't yet passed but in the interim, just tell the judge the matter is going to arbitration and you cannot enter into a final judgment until the arbitration is over. 





Original Message:
Sent: 02-27-2014 12:57
From: David Perry Davis
Subject: JOD referring parties to arbitration

Does anyone have a form judgment of divorce referring the parties to arbitration? (Sheridan issues - can't try the case)  I've had the issue before, but never drafted the JOD.  On-list or off would be welcomed.

Thanks,




-------------------------------------------
David Perry Davis, Esq.
112 West Franklin Avenue
Pennington, NJ 08534
Voice: 609-737-2222
Fax: 609-737-3222
-------------------------------------------

I agree with Dale but have had no opposition to entering a JOD with some collateral issues to arbitration afterwards.

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Mark Gruber Esq.
Hopatcong NJ
(973)398-7500

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Original Message:
Sent: 02-27-2014 15:36
From: Curtis Romanowski
Subject: JOD referring parties to arbitration

I agree and that would be fine if you had a cooperative judge. Last one we had, the judge (no longer in family) either wanted a JOD or to begin testimony. We welcome the Rule.

-------------------------------------------
Curtis Romanowski Esq.
Senior Attorney - Proprietor
Brielle NJ
(732)603-8585

-------------------------------------------






Original Message:
Sent: 02-27-2014 14:24
From: Dale Console
Subject: JOD referring parties to arbitration



-------------------------------------------
Dale Console Esq.
Kingston NJ
(609)683-0003

-------------------------------------------
It is a seriously bad idea to enter a final judgment referring the parties to arbitration on any issue.  This is nothing other than a bifurcation and creates more problems than it solves.  There was a proposed rule change on this last year which hasn't yet passed but in the interim, just tell the judge the matter is going to arbitration and you cannot enter into a final judgment until the arbitration is over. 





Original Message:
Sent: 02-27-2014 12:57
From: David Perry Davis
Subject: JOD referring parties to arbitration

Does anyone have a form judgment of divorce referring the parties to arbitration? (Sheridan issues - can't try the case)  I've had the issue before, but never drafted the JOD.  On-list or off would be welcomed.

Thanks,




-------------------------------------------
David Perry Davis, Esq.
112 West Franklin Avenue
Pennington, NJ 08534
Voice: 609-737-2222
Fax: 609-737-3222
-------------------------------------------

Thanks for the responses.

I am in the situation that Curtis referenced - we have an "enter JOD or being testimony" deadline of Monday.  The Judge was extremely cooperative in granting continuances based on the forensic accountant needing more time and more documents (several times) for well over a year.  The root of the problem being a (rather large would be an understatement) Sheridan issue wasn't apparent until some subpoenaed documents resulted in the proverbial "light bulb" as to what was going on.

Our only alternative to entering a JOD and going to arb would be to dismiss and re-file, which I know some judges don't like (don't ask me why...it would seem to move the case for AOC purposes).  I don't understand why the Rule would be changed - what the problem is with the status quo on the issue  If they change the rule (unless they somehow take a case off the AOC list) so that a JOD can't refer the issues to arbitration, it would just force people to dismiss and re-file.  Aside from generating some filing fees for the court, I don't see the benefit.

Can anyone give a nutshell version (or perhaps link to an article or summary) that explains the differences between the New Jersey Alternative Procedure for Dispute Resolution Act, ("APDRA") and the Uniform Arbitration Act, ("UAA'') Act?  I've had to go to arbitration over Sheridan issues a couple times in the past, but never really explored the differences.  I don't even think we cited either statute in the JOD.

I also agree with the suggestions on the contract / retainer with the arbitrator as far as confidentiality.  I also include a provision that the arbitrator will destroy all written and electronic records of the proceedings when they're done.

Thanks again.


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- Dave

David Perry Davis, Esq.
112 West Franklin Avenue
Pennington, NJ 08534
Voice: 609-737-2222
Fax: 609-737-3222
-------------------------------------------

Under NJSA 2A:23B (NJ's version of the Uniform Arbitration Act) the grounds upon which a litigant can challenge or modify an arbitrator's award in Superior Court are significantly more narrow than the grounds available under NJSA 2A:23A.  If you have Sheridan issues, I think you would want less opportunity to present "facts" to the Superior Court by way of a post-arbitration challenge.

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William Teltser Esq
Livingston NJ
(973)994-0424

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Original Message:
Sent: 02-28-2014 12:06
From: David Perry Davis
Subject: JOD referring parties to arbitration

Thanks for the responses.

I am in the situation that Curtis referenced - we have an "enter JOD or being testimony" deadline of Monday.  The Judge was extremely cooperative in granting continuances based on the forensic accountant needing more time and more documents (several times) for well over a year.  The root of the problem being a (rather large would be an understatement) Sheridan issue wasn't apparent until some subpoenaed documents resulted in the proverbial "light bulb" as to what was going on.

Our only alternative to entering a JOD and going to arb would be to dismiss and re-file, which I know some judges don't like (don't ask me why...it would seem to move the case for AOC purposes).  I don't understand why the Rule would be changed - what the problem is with the status quo on the issue  If they change the rule (unless they somehow take a case off the AOC list) so that a JOD can't refer the issues to arbitration, it would just force people to dismiss and re-file.  Aside from generating some filing fees for the court, I don't see the benefit.

Can anyone give a nutshell version (or perhaps link to an article or summary) that explains the differences between the New Jersey Alternative Procedure for Dispute Resolution Act, ("APDRA") and the Uniform Arbitration Act, ("UAA'') Act?  I've had to go to arbitration over Sheridan issues a couple times in the past, but never really explored the differences.  I don't even think we cited either statute in the JOD.

I also agree with the suggestions on the contract / retainer with the arbitrator as far as confidentiality.  I also include a provision that the arbitrator will destroy all written and electronic records of the proceedings when they're done.

Thanks again.


-------------------------------------------
- Dave

David Perry Davis, Esq.
112 West Franklin Avenue
Pennington, NJ 08534
Voice: 609-737-2222
Fax: 609-737-3222
-------------------------------------------