NJSBA Family Law Section

I can't remember the case that states: if you reach an agreement in post MESP mediation, neither party can revoke. Thanks ------------------------------------------- Marianne Auriemma Esq. Maywood NJ (201)712-9663 -------------------------------------------

There is no such case still in effect.

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

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Original Message:
Sent: 02-18-2014 11:33
From: Marianne Auriemma
Subject: Need name of case

I can't remember the case that states: if you reach an agreement in post MESP mediation, neither party can revoke.

Thanks

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Marianne Auriemma Esq.
Maywood NJ
(201)712-9663

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Actually, after Willingboro [2013], the law is just the opposite : an alleged mediation agreement cannot be consummated without a signed writing.


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








Original Message:
Sent: 02-18-2014 11:48
From: Marianne Auriemma
Subject: Need name of case

I can't remember the case that states: if you reach an agreement in post MESP mediation, neither party can revoke.

Thanks

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Marianne Auriemma Esq.
Maywood NJ
(201)712-9663

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Chuck's is a more pointed extension of what I posted to you. Harrington went out the window there (as it should have IMO years ago).

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

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






Original Message:
Sent: 02-18-2014 11:53
From: Charles Abut
Subject: Need name of case

Actually, after Willingboro [2013], the law is just the opposite : an alleged mediation agreement cannot be consummated without a signed writing.


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








Original Message:
Sent: 02-18-2014 11:48
From: Marianne Auriemma
Subject: Need name of case

I can't remember the case that states: if you reach an agreement in post MESP mediation, neither party can revoke.

Thanks

-------------------------------------------
Marianne Auriemma Esq.
Maywood NJ
(201)712-9663

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What if a PSA was circulated several times and, while waiting for the finer details to be worked out, the parties started performing the main terms?  i.e. Paying the support, preparing to move out of house so other spouse could move in, etc.

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Laura Ruvolo Lipp Esq.
Morristown NJ
(973)993-9960

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Original Message:
Sent: 02-18-2014 11:56
From: Curtis Romanowski
Subject: Need name of case

Chuck's is a more pointed extension of what I posted to you. Harrington went out the window there (as it should have IMO years ago).

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

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






Original Message:
Sent: 02-18-2014 11:53
From: Charles Abut
Subject: Need name of case

Actually, after Willingboro [2013], the law is just the opposite : an alleged mediation agreement cannot be consummated without a signed writing.


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








Original Message:
Sent: 02-18-2014 11:48
From: Marianne Auriemma
Subject: Need name of case

I can't remember the case that states: if you reach an agreement in post MESP mediation, neither party can revoke.

Thanks

-------------------------------------------
Marianne Auriemma Esq.
Maywood NJ
(201)712-9663

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

Partial performance is always a good contractual argument. However, those facts must be read carefully against Willingboro to see if they can be distinguished.
----------------------------------
Curtis Romanowski Esq.
Senior Attorney - Proprietor
Brielle NJ
(732)603-8585

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






Original Message:
Sent: 02-18-2014 12:07
From: Laura Lipp
Subject: Need name of case

What if a PSA was circulated several times and, while waiting for the finer details to be worked out, the parties started performing the main terms?  i.e. Paying the support, preparing to move out of house so other spouse could move in, etc.

-------------------------------------------
Laura Ruvolo Lipp Esq.
Morristown NJ
(973)993-9960

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Original Message:
Sent: 02-18-2014 11:56
From: Curtis Romanowski
Subject: Need name of case

Chuck's is a more pointed extension of what I posted to you. Harrington went out the window there (as it should have IMO years ago).

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

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






Original Message:
Sent: 02-18-2014 11:53
From: Charles Abut
Subject: Need name of case

Actually, after Willingboro [2013], the law is just the opposite : an alleged mediation agreement cannot be consummated without a signed writing.


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








Original Message:
Sent: 02-18-2014 11:48
From: Marianne Auriemma
Subject: Need name of case

I can't remember the case that states: if you reach an agreement in post MESP mediation, neither party can revoke.

Thanks

-------------------------------------------
Marianne Auriemma Esq.
Maywood NJ
(201)712-9663

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

Harrington is still good law with respect to agreements reached outside of mediation.

http://rajehsaadeh.com/1/post/2013/12/only-signed-written-agreements-reached-at-mediation-are-enforceable-in-new-jersey.html
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Rajeh Saadeh Esq.
Somerset NJ
(908)864-7884

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Original Message:
Sent: 2/18/2014 11:55:03 AM
From: [email protected]
Subject: RE:Need name of case

Chuck's is a more pointed extension of what I posted to you. Harrington went out the window there (as it should have IMO years ago). ------------------------------------------- Curtis Romanowski Esq. Senior Attorney - Proprietor Brielle NJ (732)603-8585 -------------------------------------------
Original Message: Sent: 02-18-2014 11:53 From: Charles Abut Subject: Need name of case Actually, after Willingboro [2013], the law is just the opposite : an alleged mediation agreement cannot be consummated without a signed writing.


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








Original Message:
Sent: 02-18-2014 11:48
From: Marianne Auriemma
Subject: Need name of case

I can't remember the case that states: if you reach an agreement in post MESP mediation, neither party can revoke.

Thanks

-------------------------------------------
Marianne Auriemma Esq.
Maywood NJ
(201)712-9663

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

Harrington has been overruled. There will not be any more Harrington hearings. I believe that was just taught at Judicial College from what I've heard.

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

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






Original Message:
Sent: 02-18-2014 12:10
From: Rajeh Saadeh
Subject: Need name of case


Harrington is still good law with respect to agreements reached outside of mediation.

http://rajehsaadeh.com/1/post/2013/12/only-signed-written-agreements-reached-at-mediation-are-enforceable-in-new-jersey.html
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Rajeh Saadeh Esq.
Somerset NJ
(908)864-7884

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The only case I can think of that remotely stands for that proposition is last year's Willingboro Mall opinion from the NJSC, which requires that an agreement reached in mediation be in writing and signed before it will be enforced.  To that extent, Harrington has been overruled.

Has anything else happened to overrule Harrington?
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Hanan Isaacs Esq.
Kingston NJ
(609)683-7400

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Original Message:
Sent: 02-18-2014 13:53
From: Curtis Romanowski
Subject: Need name of case

Harrington has been overruled. There will not be any more Harrington hearings. I believe that was just taught at Judicial College from what I've heard.

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

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






Original Message:
Sent: 02-18-2014 12:10
From: Rajeh Saadeh
Subject: Need name of case


Harrington is still good law with respect to agreements reached outside of mediation.

http://rajehsaadeh.com/1/post/2013/12/only-signed-written-agreements-reached-at-mediation-are-enforceable-in-new-jersey.html
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Rajeh Saadeh Esq.
Somerset NJ
(908)864-7884

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

I agree with Hanan and Raj's analysis - Harrington still stands as to agreements reached outside of formal mediation.

I have also heard what Curtis did - that judges in Judicial College were basically told Harrington is dead (a separate thread would be how we get a copy of the teaching materials... they should NOT be confidential / unobtainable; they are public property).

Harrington continues to be cited by the App Div, at least in unpublished cases -  Nain v. Nain last month: http://scholar.google.com/scholar_case?case=1121390138129401906 , Salama v. Salama last fall:  http://scholar.google.com/scholar_case?case=7367927648109797002  (both post-Willingboro).  I agree that Harrington is only overruled insofar as it permitted exploring whether an agreement reached in the confines of mediation is enforceable.

Folks: Thanks for all your input on this matter. You all have given me many cases to review which, along with your learned dicussion, has helped me greatly. Would an OPRA request enable our obtaining the info given out at judicial college? ------------------------------------------- Marianne Auriemma Esq. Maywood NJ (201)712-9663 -------------------------------------------
Original Message: Sent: 02-19-2014 20:20 From: David Perry Davis Subject: Need name of case I agree with Hanan and Raj's analysis - Harrington still stands as to agreements reached outside of formal mediation. I have also heard what Curtis did - that judges in Judicial College were basically told Harrington is dead (a separate thread would be how we get a copy of the teaching materials... they should NOT be confidential / unobtainable; they are public property). Harrington continues to be cited by the App Div, at least in unpublished cases - Nain v. Nain last month: http://scholar.google.com/scholar_case?case=1121390138129401906 , Salama v. Salama last fall: http://scholar.google.com/scholar_case?case=7367927648109797002 (both post-Willingboro). I agree that Harrington is only overruled insofar as it permitted exploring whether an agreement reached in the confines of mediation is enforceable.