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  • 1.  Psych expert taking case on spec / Mercer

    Posted 08-17-2016 03:42 PM
    I was just retained to reopen a 2014 divorce. Wife was represented by highly competent local counsel and was bullied into dropping her attorney. The parties attended mediation, and the mediator ended the session in less than 10 minutes because the psychological imbalance in power was so extreme he didn't feel that he could work with the parties. The Wife then waived alimony (17 year marriage, she was homemaker, he makes $120K), waived any share of his 401k ($260,000) and accepted $60,000 as equitable distribution (paid out $2500 per month) of a home with $525,000 in equity. Other parts of the agreement (residential custody of the kids going to him) were even less favorable to her. The "agreement" pushes the boundaries of the word unconscionable (/phrase "shocking to the judicial conscience") to new levels. About three weeks after putting it through, Wife broke down and was hospitalized with depression and non-specific psychotic disorder. She's been in counselling for two years and is now ready to try to reopen. She's about to hit the last e.d. payment (which H unilaterally reduced) and facing homelessness. (Ex-Husband literally encouraged her to kill herself rather than become homeless, saying "the kids would be sad but they'll get over it and it would be best for everyone"... in a text message. In writing he did this. You can't make this stuff up.)

    Anyway, I'm working on getting certifications from prior counsel and the mediator in support of a motion to vacate the Agreement.

    I'd also like to get at least a preliminary psych expert report based on: an interview / testing with her, speaking with the above folks, and reviewing her psych records. I'm hoping to get enough so that the judge can determine as a matter of law (e.g., without the time & expense of a plenary) that the agreement should be vacated.

    It's a Mercer case. I'm not getting a retainer up front as I'm confident enough that it'll be vacated (and if I'm wrong, then it's still pretty clearly "doing the right thing"). I'm hoping there's a good expert out there who would take this on - I'll include in the motion the need for an advance against equitable distribution to pay the expert and counsel. (Then, of course, the hope is to return to mediation with counsel there and cut a deal - maybe not everything she'd had gotten if a JOD was never entered, but something that's a lot closer to "fair").

    Please advise, on-list or off, if anyone knows someone who would assist.

    Thanks,


    <x-sigsep>

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

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  • 2.  RE: Psych expert taking case on spec / Mercer

    Posted 08-17-2016 03:55 PM

    Just wondering out loud, but how do you get a Certification from the Mediator as I would think that once he/she began the Mediation, everything that took place would be confidential – No?

     

    Please make a note that my telephone and fax numbers have changed as indicated below.

     

    W. S. Gerald Skey, Esq.

    Law Offices of W. S. Gerald Skey, Esq.

    Princeton Commerce Center, Suite G-60

    29 Emmons Drive

    Princeton, New Jersey 08540

    Phone (609) 436-5222

    Fax (609) 228-5242

    www.skeylaw.com

     

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  • 3.  RE: Psych expert taking case on spec / Mercer

    Posted 08-17-2016 04:20 PM
    My thoughts as well.  David, look at Chambon v. Chambon, 238 N.J. Super. 225 (Appellate Division 1990).  Although this case was decided at trial, the circumstances of the wife's mental condition are similar.

    Roz


    Rosalyn A. Metzger LLC
    Attorney-Mediator
    P. O. Box 5104
    One Leigh Street
    Clinton, New Jersey 08809
    (908) 238-0099
    www.mediate.com/rmetzger
    also serving Bucks, Lehigh and Northampton Counties PA

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  • 4.  RE: Psych expert taking case on spec / Mercer

    Posted 08-17-2016 08:52 PM

    You're correct, Gerald. The mediator let me know he didn't think he could provide a certification in support. My thinking was that while settlement positions obviously wouldn't be admissible nor would it be proper even to cite to them, a mediator stopping mediation before reaching that point could say so. Apparently, my thinking was wrong. Not vital to the case considering everything else we've got.



    <x-sigsep>

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

    </x-sigsep>



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  • 5.  RE: Psych expert taking case on spec / Mercer

    Posted 08-18-2016 06:52 AM
    Was wondering the same thing. 

    Sent from my iPhone - as such please excuse typos or odd autocorrections. 

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