Alternative Dispute Resolution

The New Jersey Appellate Division decided Delam Construction v. 15 Thornton Road on December 10, 2007. The parties had entered into a contract for Delam to construct a building. Defendant, Thornton, owed Delam a balance of $187,368 for Delam’s work on the project. Delam filed suit for breach of contract and later added Thornton’s managing member as a defendant.
Continue Reading Appeals Court Affirms Request for Arbitration After Parties Had Litigated for Over One Year

The New Jersey Supreme Court has adopted New Jersey Rule of Evidence 519 entitled “Mediation Privilege” to become effective July 1, 2008. It provides that a mediation communication is privileged and shall not be subject to discovery or admissible in evidence in a proceeding unless waived or precluded under limited circumstances further defined in the amendment.
Continue Reading Mediator Privilege

Mediators want a high percentage of mediations which successfully resolve all matters in dispute.There is nothing more frustrating to than a mediation which fails because the lawyers have failed to recognize outstanding legal issues and how the resolution of those issues affects the “value of the case.”
Continue Reading Unresolved Legal Issues Make For Unsuccessful Mediations

In Michael S. Kimm v. Blisset, LLC., et als. the Appellate Division of the Superior Court of New Jersey drew distinctions between: 1) fee disputes between attorneys and clients; 2) arbitrations in Court annexed proceedings; and 3) arbitrations held pursuant to private agreements. In addition, the Court focused on the meaning of the recently enacted New Jersey Arbitration Act, N.J.S.A. 2 A: 23 B-1 to 32 as it relates to the powers of an arbitrator.
Continue Reading Arbitrator’s Powers Under Revised Arbitration Act

When first entering into the mediation process, it is not unusual for one or both sides to not have much faith that mediation will be able to solve the dispute. However, experience has shown that a skilled, trained, mediator, with knowledge of the industry, can help to bring an amicable solution to even the most adverse situation.
Continue Reading $25 Million Dollar Dispute Ordered To Mediation