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MOU exhibit to PSA?

  • 1.  MOU exhibit to PSA?

    Posted 06-18-2015 03:51 PM

    Query:  Where the parties to a divorce engage in mediation without counsel, which results in an MOU, is it best practice to annex the MOU to the PSA?  Why?

    Assume counsel obtained by each party post-MOU and a provision in PSA providing that the terms of the PSA control.

    Thanks for your thoughts.


    ------------------------------
    Jordan Stern Esq.
    Law Office of Jordan A. Stern
    Chatham NJ
    (973)632-3526
    www.njsternlaw.com

    "If there's one thing you should take from this class, it's this: Read the statute to the very end--to the very last period." -Prof. George C. Thomas III, Rutgers-Newark School of Law
    ------------------------------



  • 2.  RE: MOU exhibit to PSA?

    Posted 06-18-2015 04:45 PM
    MOU is not supposed to be attached to final judgment. A PSA. Should be drafted and signed


    Alice M. Plastoris, Esq.
    [email protected]
    Office 973-538-7070
    82 Speedwell Avenue
    Morristown, NJ 07960

    Sent via the Samsung GALAXY S® 5, an AT&T 4G LTE smartphone


    Original Message


  • 3.  RE: MOU exhibit to PSA?

    Posted 06-19-2015 08:16 AM
    Hi Jordan:

    This is a nuanced question. The MOUs that I prepare usually contain a
    clause that says that the document is not binding until reviewed by
    counsel. That said, there is no prohibition of which I am aware that
    prevents you from attaching it to the MSA. Depending upon the quality of
    the MOU, you may rather wish to incorporate the terms of the agreement in
    an MSA so that you can have the language you and your adversary want in
    there, but I'm not aware of any prohibition preventing you from attaching
    it to the MSA as long as both parties agree. With the clients' permission,
    I typically send my MOU in a word document to the attorneys so that they
    can just pull the language they want in their MSA. I hope that helps.

    Roz

    Rosalyn A. Metzger LLC
    Attorney-Mediator
    P. O. Box 5104
    One Leigh Street
    Clinton, New Jersey 08809
    (908) 238-0099
    [email protected]
    www.mediate.com/rmetzger

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  • 4.  RE: MOU exhibit to PSA?

    Posted 06-19-2015 03:18 PM
    ?I disagree. Under the NJ Uniform Mediation Act (and my mediation retainer letter), the Memorandum of Understanding is a confidential product of the mediation, which may not be disclosed. The Agreement itself is signed by the parties and not confidential. Bonnie Blume Goldsamt




    Original Message


  • 5.  RE: MOU exhibit to PSA?

    Posted 06-19-2015 04:17 PM
    I completely agree with Bonnie. This document is confidential and my MOU
    and my retainer also say so. This is why I said the question was
    "nuanced". If the parties agree with advice of counsel to attach it as
    part of the MSA, this is part of the self-determination that mediation
    speaks to. I don't advise it, however, and I personally would never take
    this short cut.

    Roz


    Rosalyn A. Metzger LLC
    Attorney-Mediator
    P. O. Box 5104
    One Leigh Street
    Clinton, New Jersey 08809
    (908) 238-0099
    [email protected]
    www.mediate.com/rmetzger

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

    CONFIDENTIALITY NOTICE: This e-mail contains information that is
    privileged and confidential and subject to legal restrictions and penalties
    regarding its unauthorized disclosure or other use. You are prohibited
    from copying, distributing, or otherwise using this information if you are
    not the intended recipient. If you have received this e-mail in error,
    please notify us immediately by return e-mail and delete this e-mail and
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    On Fri, Jun 19, 2015 at 3:17 PM, Bonnie Blume Goldsamt via New Jersey State


    Original Message


  • 6.  RE: MOU exhibit to PSA?

    Posted 06-19-2015 04:27 PM
    But can't the parties to the MOU waive the confidentiality? The confidentiality belongs to them, much like privilege. I do agree that the MOU should not be attached to a Judgement. It is just as easy to change the title and call it an MSA.


    Original Message


  • 7.  RE: MOU exhibit to PSA?

    Posted 06-19-2015 04:30 PM
    That's what I was trying to inartfully say. The MOU belongs to the parties
    and they are free to do whatever they want with it, as long as they agree.
    I can envision a situation where one says they agreed, and the other says
    not so. This is why this idea is a minefield. So in answer to your
    question Mark, yes, they can waive confidentiality and would be doing so by
    attaching the MOU. At least IMHO.


    Rosalyn A. Metzger LLC
    Attorney-Mediator
    P. O. Box 5104
    One Leigh Street
    Clinton, New Jersey 08809
    (908) 238-0099
    [email protected]
    www.mediate.com/rmetzger

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

    CONFIDENTIALITY NOTICE: This e-mail contains information that is
    privileged and confidential and subject to legal restrictions and penalties
    regarding its unauthorized disclosure or other use. You are prohibited
    from copying, distributing, or otherwise using this information if you are
    not the intended recipient. If you have received this e-mail in error,
    please notify us immediately by return e-mail and delete this e-mail and
    all attachments from your system.


    Original Message


  • 8.  RE: MOU exhibit to PSA?

    Posted 06-19-2015 04:33 PM
    ?Under the NJUMA, the Mediator has a separate privilege not to disclose. Bonnie




    Original Message


  • 9.  RE: MOU exhibit to PSA?

    Posted 06-19-2015 04:52 PM

    That unique confidentiality is also very clearly articulated in N.J.R.E. 519.

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


    Original Message


  • 10.  RE: MOU exhibit to PSA?

    Posted 06-19-2015 05:18 PM

    I agree with Ros.
    I've seen it done by others. I don't love the idea.
    Lawyers should take MOU terms and develop an MSA. A little more work, a little more fees, a little more assurance of durability and enforceability.
    Hanan




    Original Message