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ADR: NJ's Experience Shows Its Value to Family Law Practice

By Lawrence J. Cutler

In days gone by, alternate dispute resolution (ADR), or complementary dispute resolution (CDR), was a new-fangled idea to matrimonial lawyers. Steeped in tradition and resistant to change, divorce lawyers did not quickly embrace these winds of change. But the future was (and is) coming. New Jersey, for example, has now embedded ADR not only in its legal lexicon, but in its way of resolving matrimonial disputes; NJ Rules of Court provide that methods of CDR “' constitute an integral part of the judicial process, intended to enhance its quality and efficacy. Attorneys have a responsibility to become familiar with available CDR programs and inform their clients of them.” R. 1:40-1.

New Jersey's extensive and well-defined experience is spread over several decades, and involves myriad statutes and rules. As such, New Jersey's experience is instructive to jurisdictions that may not yet have as comprehensive or well-developed ADR programs in place.

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