Plaintiffs, who were beneficiaries of the decedent’s estate, sued the defendant-executor for misappropriation of estate assets. The parties engaged in mediation, and their settlement agreement was memorialized in a handwritten agreement that the mediator prepared. Thereafter, the plaintiffs’ attorney sent the defendant’s attorney a proposed consent order incorporating the terms of the agreement. When the.. read more →
The New Jersey Supreme Court ruled that a settlement that is reached at mediation but not reduced to a written agreement signed by the parties before the mediation ends will not be enforceable. Willingboro Mall v Franklin Ave LLC, Docket No. A-62-11 (N.J., August 15, 2013) Willingboro Mall, LTD (Willingboro), the owner of the Willingboro.. read more →
A state appeals court ruled that a will contestant waived the mediation privilege, prohibiting disclosure of mediation communications to non-participants, when both he and his opponent authorized the mediator to inform the trial judge of the results of the mediation. Rutigliano v. Rutigliano, Docket No. A-2797-11T1 (App. Div., October 15, 2012) Plaintiff Vincent Rutigliano and.. read more →
In this case, the chancery court held that post-mediation correspondence between the attorneys for the parties allegedly memorializing the terms of a verbal settlement reached in mediation constituted confidential mediation communications, not subject to disclosure. Partners Pharmacy Services v. Halbert, Docket No. C-72-09 (Chan. Div., Union County, April 16, 2012) The parties in this case.. read more →
In Beim v. Sawyer (N.J. App. Div. A-2816-10T1, decided on February 29, 2012), defendant, in her 70s, filed for a divorce from plaintiff, in his 80s. After the complaint and answer were filed and discovery completed, the parties made repeated efforts to settle their dispute through multiple alternative dispute resolution events held over an extended period. They.. read more →
In Williamson v. Boehringer-Ingelheim Pharmaceuticals (N.J. App. Div., March 12, 2012), the New Jersey appellate court advised mediating parties how to prevent successful post-mediation challenges to settlements reached in mediation. The court’s conclusion: don’t conclude the mediation without having the parties or their counsel draft and sign a document containing the essential terms of the.. read more →
In the January 4, 2012 Marinaccio v. Grgec decision, the Appellate Division was presented with an appeal of a probate matter that had been decided by an umpire under the New Jersey Alternate Procedure for Dispute Resolution Act (“APDRA”). The Appellate Division held that, after the umpire’s decision not to vacate a probate settlement agreement.. read more →
An appellate court in New Jersey recently enforced an oral settlement agreement reached during non-binding, confidential mediation even though the agreement was not reduced to writing immediately. Willingboro Mall Ltd. v. 240/242 Franklin Avenue Associates LLC In this case, the plaintiff and defendants were commercial real estate entities and persons involved in management of the.. read more →
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