NJSBA Family Law Section

In these uncertain times, it is my opinion that ESPs are needed more than ever.

I would like to offer a different perspective on the April 14 communication from the Bar concerning the proposed suspension of Early Settlement Panels. As practitioners of family law, we know that ESPs are a vital tool for helping parties expeditiously resolve their issues and move forward with certainty in their lives. Rather than deny our clients the opportunity for ESPs, I encourage members of the Bar to consider how we can creatively come together to help settlement panels remain active and available in our new virtual world.

The ESP process itself is ideally suited to video conferencing, or audio-only conferencing as needed. With the courts and most of our practices now over one month into remote operations, our ease with all forms of virtual conferencing is only growing stronger.

An ESP may not be the right course of action for every case, of course. However, when it is an option, pulling together a fruitful virtual ESP could be accomplished with even the most basic of technology, such as a cell phone and email access. Parties can participate from the comfort of their own home, which may provide some level of emotional relief in the proceedings. As volunteer panelists, a virtual ESP is also easier and less time-consuming to fit into our schedules as travel to and from the courthouse is not required. 

This is indeed an exceptionally difficult time for our courts. We all could use some good news, and I strongly believe the continuation of ESPs (virtually) can be an extremely positive restoration to our process. Rather than invent a new system of free arbitration, I encourage volunteer panelists, of which I am one, to keep our model and simply bring it online where the rest of our lives and practices live these days. 

For so many clients, ESPs are a tested and true way to advance their best interests. Let's not give up this proven system, especially not now. Our clients need for us to make every effort to settle their matters. So many of our case files are ripe to move forward with this process. We can all work together to reactivate these matters through the ESP process instead of having them sit idly by.

I would encourage the Bar to support making virtual ESPs a reality and invite everyone to participate in them.  

 

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Bari Z. Weinberger Esq.
Weinberger Divorce & Family Law Group LLC
(973)520-8822
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Original Message------

In these uncertain times, it is my opinion that ESPs are needed more than ever.

I would like to offer a different perspective on the April 14 communication from the Bar concerning the proposed suspension of Early Settlement Panels. As practitioners of family law, we know that ESPs are a vital tool for helping parties expeditiously resolve their issues and move forward with certainty in their lives. Rather than deny our clients the opportunity for ESPs, I encourage members of the Bar to consider how we can creatively come together to help settlement panels remain active and available in our new virtual world.

The ESP process itself is ideally suited to video conferencing, or audio-only conferencing as needed. With the courts and most of our practices now over one month into remote operations, our ease with all forms of virtual conferencing is only growing stronger.

An ESP may not be the right course of action for every case, of course. However, when it is an option, pulling together a fruitful virtual ESP could be accomplished with even the most basic of technology, such as a cell phone and email access. Parties can participate from the comfort of their own home, which may provide some level of emotional relief in the proceedings. As volunteer panelists, a virtual ESP is also easier and less time-consuming to fit into our schedules as travel to and from the courthouse is not required. 

This is indeed an exceptionally difficult time for our courts. We all could use some good news, and I strongly believe the continuation of ESPs (virtually) can be an extremely positive restoration to our process. Rather than invent a new system of free arbitration, I encourage volunteer panelists, of which I am one, to keep our model and simply bring it online where the rest of our lives and practices live these days. 

For so many clients, ESPs are a tested and true way to advance their best interests. Let's not give up this proven system, especially not now. Our clients need for us to make every effort to settle their matters. So many of our case files are ripe to move forward with this process. We can all work together to reactivate these matters through the ESP process instead of having them sit idly by.

I would encourage the Bar to support making virtual ESPs a reality and invite everyone to participate in them.  

 

------------------------------
Bari Z. Weinberger Esq.
Weinberger Divorce & Family Law Group LLC
(973)520-8822
------------------------------