There are several options for resolving your divorce in New Jersey. Traditional litigation, mediation, and arbitration are three such options. Each option has it’s own pro’s and con’s and you should chose an option after careful consideration. Meeting with an experienced divorce attorney is the first step to get you on the right path. Each method has limitations. Once such limitation is detailed in the recently decided and published case summarized below.
FAMILY LAW
20-2-1458 Minkowitz v. Israeli, App. Div. (Lihotz, J.A.D.) (55 pp.) This matter considers whether the arbitrator, having once mediated issues in dispute, can thereafter resume the role of arbitrator. On appeal, plaintiff challenges five separate orders confirming arbitration awards. She maintains each must be set aside under N.J.S.A. 2A:23B-23 or, alternatively, requests the final judgment of divorce be vacated pursuant to Rule 4:50-1, based on alleged procedural violations, the arbitrator’s bias and substantive errors causing an unconscionable result. We affirmed orders confirming arbitration awards incorporating the parties’ written mediated settlement agreements. Willingboro Mall, Ltd. v. 240/242 Franklin Ave., L.L.C., __ N.J. __ (2013) (slip op. at 10, 31). However, after concluding an arbitrator may not conduct arbitration hearings once he or she functioned as a mediator, we vacated orders confirming arbitration orders entered after the arbitrator exceeded his powers. N.J.S.A. 2A:23B-23a(4). [Decided Sept. 25, 2013.]
