Opinions Are Mixed On Collaborative Divorce Bill

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Collaborative Divorce is relatively new and unproven alternative resolution to divorce. It essentially involves a "team" of professionals (accountants, appraisers, psychologists and attorneys) to "collaborate" on a divorce in an effort to bring it to a settled conclusion without litigation.

Both experts and attorneys are varied in their overall assessment of its effectiveness.

Nonetheless, two New Jersey Assembly persons have introduced a bill (A-3375)which would give Collaborative Divorce a boost over all other forms of alternative dispute resolution including mediation, arbitration and the current Early Settlement Panels.

The bill would require the parties attorneys to withdraw from the process and would put all Court deadlines on hold while the process is in use.

A recent (November 15, 2004) article in the New Jersey Family Lawyer quotes Robert J. Durst II, Esq., Stark & Stark, Lawrenceville as questioning why this form of alternative dispute would be given such priority and what effect staying the Court deadlines would have on the system in general.

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