I am often asked how prevalent is mediation and ADR (alternative dispute resolution) in divorces. A recent ABA article surprised me with this statistic:
93% of divorcing couples utilized a method of Alternate Dispute Resolution (ADR)
The details on most divorces are NOT decided by a judge. The parties usually decide divorce details which are
Be Sure to File Your EEO-1 with the EEOC
The EEO-1 is a form required to be filed by most employers with the Equal Employment Opportunity Commission annually. This form reports the demographic breakdown of a company’s workforce, such as race, ethnicity, sex, and job category. This allows the EEOC to see demographic trends in the U.S. workforce and for use in enforcement.
Historically,…
Title VII Discrimination No Longer Needs Be “Significant Disadvantage”
Title VII of the 1964 Civil Rights Act prohibits discrimination in the workplace based on several protected classes (like race, sex, and religion). Courts had previously held that the impact to the employee claiming discrimination had to be a “significant employment disadvantage.” In other words, there needed to be an adverse employment action that had…
Civil Trials Resume in Somerset, Hunterdon and Warren Counties
As I’ve mentioned previously, judge shortages in NJ Superior Courts plus COVID delays have created significant backlogs in cases. In seven NJ counties (Cumberland, Salem, Gloucester, Somerset, Hunterdon, Warren, and Passaic) the judge shortages were so severe that the court was not holding any matrimonial or civil trials. Criminal trials, which have constitutional guarantees of…
Matrimonial Trials Resume in Somerset, Hunterdon and Warren Counties
As I’ve mentioned previously, judge shortages in NJ Superior Courts plus COVID delays have created significant backlogs in cases. In seven NJ counties (Cumberland, Salem, Gloucester, Somerset, Hunterdon, Warren, and Passaic) the judge shortages were so severe that the court was not holding any matrimonial or civil trials. Criminal trials, which have constitutional guarantees of…
Honored to Speak to Employment and ADR Inns of Court
On Tuesday, I was honored to speak to a joint meeting of the Reitman Employment Inn of Court and the Garibaldi ADR (alternative dispute resolution) Inn of Court. Inns of Court are statewide groups with members from the bar (lawyers) and bench (judges). The Inns act as a more social way to have conversations between…
Religious Upbringing of Children in Divorce
I’ve spoken before about religious issues in divorces. They can be contentious. What about religious issues regarding children in divorces (or when a child is born to unwed parents)? Parents from different religions or even different religious traditions within the same religion often agree upon how the children will be raised. But what happens when…
Why You Should Settle A Fee Shifting Case
Fee shifting is permitted when a statute or contractual provision provides for the loser of a lawsuit to pay the winner’s legal costs. Generally in the United States, we follow the “American Rule” where each party in a lawsuit pays for their own legal costs. There are some public policy issues where the legislature wants…
NJ Supreme Court Clarifies Cohabitation and Alimony Termination
I’ve written before about NJ law around cohabitation and ending alimony. Basically, if a recipient of alimony enters into a relationship that looks like marriage but isn’t formalized into a marriage — cohabitation — alimony can be terminated. The court laid out factors it would look at in a case called Konzelman v. Konzelman,…
ChatGPT is Not Your Lawyer
ChatGPT is all the rage these days. Ask it a question and it gives you an answer. But use it at your own risk, as some New York attorneys recently discovered.
If you are unfamiliar, ChatGPT is an artificial intelligence that is largely free to use. It is still a work in progress. Many people…