Articles

I. Introduction Mediation, whether court-connected or private, involves facilitated negotiations by an impartial third party. The mediator helps disputing parties reach voluntary, fully informed, and mutually acceptable results. Mediation attendance may be voluntary or court-mandated. However, the outcome is binding only if the parties reach agreement and incorporate their settlement terms into contracts or court…

by Hanan M. Isaacs, M.A., J.D. On November 22, 2004, Acting Governor Richard J. Codey signed the Uniform Mediation Act-New Jersey (“UMA-NJ”) into law, the culmination of seven years of effort by the national and New Jersey dispute resolution communities. The UMA-NJ, now codified at P.L. 2004, Chapter 157, N.J.S.A. 2A:23C-1, et seq., received support…

In Lerner v. Laufer, 359 N.J. Super. 201 (App. Div.), certif. den. ___ N.J. ___ (2003), the Appellate Division established for the first time in New Jersey’s legal history the appropriate balance between clients’ rights to and interests in (1) self-determination and (2) informed consent. It also determined that a lawyer’s duty of zealous advocacy…

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Since January of 2002, our Supreme Court has conducted a divorce mediation pilot program in seven counties. As stated in Appendix XIX to the Rules of Court, incorporating Rule 1:40 by reference, the pilot is now limited to post-Matrimonial Early Settlement Panel cases, unless the parties specifically request earlier referral. This article compares and contrasts…