Nov
29
Alternate Dispute Resolution Options for Divorce in New Jersey - Part II: Early Settlement Panels
Filed Under Alternative Roads in Family Law, Divorce & Separation, Family Law Basics
Even in the most amicable of divorces, issues often arise which create disagreements between spouses, which invariably result in delays in the divorce process. The most common issue attributable to disputes and delays is the division of property and finances. At some point, usually early on in the process, spouses want to know who gets what and how much of it. These may seem like simple inquires, but settling on a fair and equitable distribution of property and finances can be a long, difficult and costly proposition.
For years, many of the state’s family courts were plagued by the backlog caused by divorce cases with unresolved financial issues. Cases often lingered for years before any resolution was reached. In fact, I read about one divorce case that took five years to resolve. In an attempt to alleviate the backlog of divorce cases, the courts began experimenting with programs aimed at facilitating the resolution of disputed financial issues between spouses. One such program was the Matrimonial Early Settlement Panels, commonly referred to today as Early Settlement Panels or ESPs.
The first Early Settlement Panels began in Morris County, New Jersey in 1977. Today, ESPs exist in every county in New Jersey and is mandatory unless the divorce is uncontested or a settlement is reached. Though there is a lack of procedural uniformity in how ESPs are managed from vicinage to vicinage, the scope and purpose of ESPs has remained the same for three decades. The Panels are a form of settlement conference which is free to litigants and staffed by volunteer, unpaid male and female divorce attorneys. Panel attorneys must have at least five years experience in the practice of matrimonial law, and must be a member of the New Jersey Bar for at least four years. The Panels only assist with resolving financial issues such as child support, alimony, property division and attorney fees, and will not hear issues related to child custody or visitation. There are other court mediation programs in place that deal with custody and visitation.
Divorce cases usually end up before ESPs after the filing of a divorce complaint, answering of pleadings, filing of financial disclosure forms and the completion of discovery by way of interrogatories or depositions. When meeting with a Panel, attorneys and their clients present their respective cases. The Panel will hear arguments, review evidence, and then make a non-binding recommendation of settlement. The recommendation is based on the Panel’s determination as to what is a fair and equitable settlement. The parties can accept, modify or reject the Panel’s recommendation. If the recommendation is rejected, the court may order the parties to Economic Mediation in a further attempt to reconcile unresolved financial issues. If the recommendation is accepted, the parties can settle their divorce at that time. However, if no resolution is reached, then the case will be scheduled for trial.
ESPs are an effective medium in settling divorce matters and are cost-effective alternatives to trial. Every attorney is ethically required to discuss alternative dispute procedures with their clients, including mediation and arbitration.
Posted by Jason Medina -
Medina, Martinez & Castroll, LLC
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