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NJ FAMILY COLLABORATIE LAW ACT

  • 1.  NJ FAMILY COLLABORATIE LAW ACT

    Posted 06-13-2014 09:59 AM
    This message has been cross posted to the following Discussions: Dispute Resolution Section Board of Directors and Family Law .
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    On June 12 2014 the NJ Sate Legislature took a major step toward empowering families to divorce with dignity and self-esteem without resort to conventional litigation. The Assembly Judiciary Commitee unanimously released A-1477, the NJ Family La Collaborative Act. S-1224 the Senate counterpart was also unanimously released by the Senate Judicairy Committee on March 24th and the Senate Budget Committee on June 5. The bill now moves for a full vote before the Senate. The bill has had full support of the Family Law Section, the International Academy of Collaborative Practitioners, the NJ Law Revision Commission as well as all of its five Commisisioners and the New Jersey State Council of Collaborative Practice Groups. Gratitiude to those members who have given time and effort to promote this bill and to those who have offered the interdisciplinary training for this sequential structured process that is far from another settlement conference. Kudos to the members of eight collaborative practice groups who have taken the interdisciplinary training and are commited to serve families throught their areas and expanding their membership to do more.
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    Anna-Maria Pittella Esq.
    Red Bank NJ
    (732)842-6939
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  • 2.  RE: NJ FAMILY COLLABORATIE LAW ACT

    Posted 06-13-2014 10:55 AM
    Can someone explain to me what this legislation changes in what has been the practice of collaborative divorce  previously?

    Lawrence D. Forster
    Forster & Arbore
    Tel: (973) 584-1501
    Fax: (973) 584-3150
     
    CONFIDENTIALITY NOTE:
    The information contained in this electronic communication is confidential and may be a privileged attorney-client communication.  It is intended only for the use of the recipient named above.  If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication, or any of its contents, is strictly prohibited.  If you have received this communication in error, please reply to the sender and delete the original message and any copy of it from your computer or facsimile system.  Thank you.
     
     



    Original Message


  • 3.  RE: NJ FAMILY COLLABORATIE LAW ACT

    Posted 06-13-2014 11:58 AM
    ​
    As before the parties sign a pledge not to litigate with the attorneys they have hired on a limited basis to negotiate for them. Now they hire other professionals such as a financial neutral, divorce coach or child specialist to act on their behalf and there is confidentiality based on a contractual relationship. With the act privilege will be extended to the non-party participants  mirroring the same privile​ge as in the Uniform Mediation Act.

    Anna-Maria Pittella Esq.
    Red Bank NJ
    (732)842-6939
    -------------------------------------------






    Original Message


  • 4.  RE: NJ FAMILY COLLABORATIE LAW ACT

    Posted 06-13-2014 12:24 PM
    My apologies: the correct name is the New Jersey Family Collaborative Law Act. My finger, my eyesight, my spellcheck or Friday the 13th!!

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    Anna-Maria Pittella Esq.
    Red Bank NJ
    (732)842-6939
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    Original Message


  • 5.  RE: NJ FAMILY COLLABORATIE LAW ACT

    Posted 06-13-2014 03:27 PM
    [Non-text portion of this message removed]

    I agree with Anna-Maria.

     

    Mediators used to have to rely solely upon contractual confidentiality language.  With the advent of the UMA, we got statutory privilege.  Judges are much more likely to apply statutory privilege than enforce contract confidentiality.  And it is even better to have both.

     

    Hanan

     


    Hanan M. Isaacs, Esq.

    [Non-text portion of this message removed]

    Hanan M. Isaacs, P.C.
    4499 Route 27, Kingston, NJ
    t 609.683.7400
    f 609.921.8982
    vCard: Download here >>
    [email protected]
    www.hananisaacs.com

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    Compassionate counsel; tough advocacy.

     

    NJSBA | Communities | All Discussions | All Discussions | Family Law

    RE: NJ FAMILY COLLABORATIE LAW ACT

     

    From:

    Anna-Maria Pittella

    To:

    Family Law

    Posted:

    Jun 13, 2014 12:24 PM

    Subject:

    RE: NJ FAMILY COLLABORATIE LAW ACT

    Message:

    My apologies: the correct name is the New Jersey Family Collaborative Law Act. My finger, my eyesight, my spellcheck or Friday the 13th!!

    -------------------------------------------
    Anna-Maria Pittella Esq.
    Red Bank NJ
    (732)842-6939
    -------------------------------------------






    Original Message

    Can someone explain to me what this legislation changes in what has been the practice of collaborative divorce  previously?

    Lawrence D. Forster
    Forster & Arbore
    Tel: (973) 584-1501
    Fax: (973) 584-3150

     

    CONFIDENTIALITY NOTE:
    The information contained in this electronic communication is confidential and may be a privileged attorney-client communication.  It is intended only for the use of the recipient named above.  If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication, or any of its contents, is strictly prohibited.  If you have received this communication in error, please reply to the sender and delete the original message and any copy of it from your computer or facsimile system.  Thank you.

     

     














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    Original Message------

    My apologies: the correct name is the New Jersey Family Collaborative Law Act. My finger, my eyesight, my spellcheck or Friday the 13th!!

    -------------------------------------------
    Anna-Maria Pittella Esq.
    Red Bank NJ
    (732)842-6939
    -------------------------------------------






    Original Message:
    Sent: 06-13-2014 11:58
    From: Anna-Maria Pittella
    Subject: NJ FAMILY COLLABORATIVE LAW ACT

    ​
    As before the parties sign a pledge not to litigate with the attorneys they have hired on a limited basis to negotiate for them. Now they hire other professionals such as a financial neutral, divorce coach or child specialist to act on their behalf and there is confidentiality based on a contractual relationship. With the act privilege will be extended to the non-party participants  mirroring the same privile​ge as in the Uniform Mediation Act.

    Anna-Maria Pittella Esq.
    Red Bank NJ
    (732)842-6939
    -------------------------------------------







  • 6.  RE: NJ FAMILY COLLABORATIE LAW ACT

    Posted 06-13-2014 02:00 PM

    So, it's the same as the collaborative agreement provides.

     

    What, therefore, does the statute really do that wasn't contracted for before?

     

     

      [Non-text portion of this message removed]

    Mark F. Saker, Esquire

    #271831971
    Cerrato,  Saker & Wilder
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    Freehold, New Jersey 07728
    O:  (732) 431-5000 X 125
    F:   (732) 462-0483
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    E:       [email protected]

     

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  • 7.  RE: NJ FAMILY COLLABORATIE LAW ACT

    Posted 06-13-2014 02:16 PM
    As one of the co-founders of the concept (when I was living in Kansas City in the late 1980s, independently of Stu Webb, but for far different reasons), I have no idea what this Act adds or subtracts to or from anything. If anyone wants to do anything really meaningful, check out what California did shortly after we came up with the concept. That made sense. This is nothing more than window dressing... seriously. I fail to understand the excitement. IMO

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






    Original Message


  • 8.  RE: NJ FAMILY COLLABORATIE LAW ACT

    Posted 06-13-2014 02:56 PM
    I believe that the New Jersey Law Revision Commission, the eight other states that have enacted versions of the Uniform Collaborative Law Act and the seven other states where an act is pending would disagree. It creates a standard for the process, not just a concept. Obviously this will not be a practice goal for everyone but for the family lawyer who embraces a non-adversarial confidential option for parties seeking resolution away from the courthouse, it certainly is.
    -------------------------------------------
    Anna-Maria Pittella Esq.
    Red Bank NJ
    (732)842-6939
    -------------------------------------------






    Original Message


  • 9.  RE: NJ FAMILY COLLABORATIE LAW ACT

    Posted 06-13-2014 03:02 PM

    from my reading of the bill, it takes what collaborative lawyers were already doing but extended privileges and set forth some things which were in grey areas.

     

    Alice M. Plastoris, Esq.

    82 Speedwell Avenue

    Morristown, New Jersey 07960

    973-538-7070

    973-538-7088 Fax

    [email protected]

     




    Original Message


  • 10.  RE: NJ FAMILY COLLABORATIE LAW ACT

    Posted 06-13-2014 03:12 PM

    It also will codify confidentiality and priveleges.

     

    Gary L. Borger, Esquire

    [Non-text portion of this message removed]

     

    1415 Marlton Pike (Route 70) East, Suite 305
    Cherry Hill, NJ 08034-2210
    Phone:  (856) 424-3444

    Cell:      (856) 308-6158
    Fax:      (856) 424-3690
    E-mail:     [email protected]

    Website: www.njfamilylaw.net

     

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  • 11.  RE: NJ FAMILY COLLABORATIE LAW ACT

    Posted 06-16-2014 09:50 AM

    I remain puzzled by the several labels we place on various proceedings as I have always believed that one of the main tasks we attorneys try to achieve is a "settled" case. True, many clients and some attorneys make this difficult as there is something of a primordial urge to contest everything, but is it not one of our main obligations to predict what a Court is going to do? Is it not one of our obligations to tell clients when they are demanding the unattainable?

    So, whether we call it Mediation or Collaborative Law it seems to me that if taking an objective view of each situation should lead to the same results.

     




    Original Message