Mediation: Three Discernible Methodologies
September 26, 2007
In addition to collaborative divorce, another alternative to litigation is mediation. Mediation is a 'consensual dispute resolution process in which a specially trained neutral third party helps disputants to identify issues, clarify perceptions and explore options for a mutually acceptable outcome.'
The Child Specialist in Collaborative Divorce
September 26, 2007
Matrimonial lawyers and professionals know that parents play out old marital dynamics intensified by the divorce when they discuss parenting arrangements. In Collaborative Divorce, the team creates a framework by affirming that the children's needs are distinct from the parents' needs and, especially, from their views of each other. Because neutrality is hard for parents, the team needs to offer a great deal of support so that the child specialist can remain neutral.
The Mediation Process in New Jersey
September 26, 2007
The 'Uniform Mediation Act' ('UMA') was adopted by New Jersey on Nov. 22, 2004. The Act establishes uniform standards and procedures for mediation and guidelines for the mediators; it was codified in N.J.S.A. 2A:23C-1 <i>et seq.</i> The UMA has generally retained the same structure in most states that have adopted it, although many of them have made slight modifications. This article explains.
Collaborative Practice
September 26, 2007
Is collaborative practice for you? The author feels that, with this relatively new concept, a family law practitioner who has not tried this method may still have a few questions. Here are the 10 most frequently asked questions ' and some answers.
Statute of Limitations for Pre-, Postnuptial Agreements
September 26, 2007
Effective July 3, 2007, a new ' 250 was added to the Domestic Relations Law. Any confusion has now been cleared up by its passage. Except for the inexplicable shortening of the underlying statute of limitations from six years to three, the uncertainty concerning the maintaining of a separate plenary action has now been resolved. A challenge can be brought at any time up to the commencement of a matrimonial action or proceeding or, if none is brought, then the death of one of the parties.
Governor Takes Action on Child and Family Legislation
September 26, 2007
Governor Elliot Spitzer took action this past month on some legislatively approved bills dealing with family and children's interests. Some of these were signed into law, but one was not. This article offers some of the highlights.
Jurisdiction over Non-Resident Spouses
September 26, 2007
Residency or domicile? What is the legal difference? The interaction between the CPLR, the DRL and traditional notions of due process warrant a closer look when addressing the issues surrounding non-residents. Bearing in mind that motions to dismiss on jurisdictional grounds must be made immediately under CPLR ' 3211, the matrimonial attorney should understand the interplay and be prepared to act swiftly.
Overcoming the Barriers to Organizational Change
September 26, 2007
Last month, we explained that in order to stay ahead of the competition in today's economic environment, a law firm needs to be flexible and agile in adapting to change, whether through a corporate restructuring, adopting new technologies or processes, or introducing new products or services. We discussed a number of important ways of doing so, and we conclude this month with a final major area: IT.
