Law Office of Donald D. Vanarelli Blog

New Jersey Elder Law, Estate and Special Needs Planning, Mediation and Collaborative Family Law NJ

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Entries from April 2012

NJ Court Refuses To Enforce Mediated Settlement, Finding Post-Mediation Correspondence Memorializing The Agreement To Be Confidential

April 24th, 2012 · No Comments

In this case, the chancery court held that post-mediation correspondence between the attorneys for the parties allegedly memorializing the terms of a verbal settlement reached in mediation constituted confidential mediation communications, not subject to disclosure. Partners Pharmacy Services v. Halbert, Docket No. C-72-09 (Chan. Div., Union County, April 16, 2012) The parties in this case [...]

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Tags: Commercial Mediation · Enforcing Mediated Settlements · Mediation · New Cases

Appeals Court Enforces Mediated Settlement Agreement Drafted By The Mediator, Not The Parties’ Lawyers

April 18th, 2012 · No Comments

In Beim v. Sawyer (N.J. App. Div. A-2816-10T1, decided on February 29, 2012), defendant, in her 70s, filed for a divorce from plaintiff, in his 80s. After the complaint and answer were filed and discovery completed, the parties made repeated efforts to settle their dispute through multiple alternative dispute resolution events held over an extended period. They [...]

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Tags: Divorce Mediation · Enforcing Mediated Settlements · Mediation

Never Conclude A Successful Mediation Without A Settlement Agreement Signed By the Parties

April 4th, 2012 · No Comments

In Williamson v. Boehringer-Ingelheim Pharmaceuticals (N.J. App. Div., March 12, 2012), the New Jersey appellate court advised mediating parties how to prevent successful post-mediation challenges to settlements reached in mediation. The court’s conclusion: don’t conclude the mediation without having the parties or their counsel draft and sign a document containing the essential terms of the [...]

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Tags: Enforcing Mediated Settlements · Mediation · New Cases