Volume 9, Issue 1
New Jersey Association
203 Towne Centre Drive
Hillsborough, NJ 08844
Inside this issue: President’s Message
Upcoming Events Page 1
Mistakes Page 3
T his past year has been particu-
larly productive for NJAPM.
In October, Senator Robert J.
Martin and Assemblywomen Linda R.
Greenstein, the primary sponsors of the
benefit of membership is free admis-
sion to our bimonthly general meetings
(non-members pay $20 for each meet-
ing). This past year we presented a di-
verse range of topics including a
Uniform Mediation Act, helped us get “hands-on” training session on Excel
State v Williams Page 4 off to a great start. They participated as spreadsheets, a presentation of stress-
our keynote speakers for NJAPM’s 11th reduction techniques, a review of child
Book Review Page 5 Annual Conference. As 2004 came to support software and an overview of
a close, New Jersey became the 3rd insurance company policies and prac-
state to pass the UMA, thanks, in part, tices in civil mediation.
Mediate That! Page 6 to the efforts of many of our members. Our meetings keep members current
In early 2005, NJAPM launched 40- on mediation practices, offer network-
NJAPM’s Listserv Page 7 hour divorce and 18-hour civil training ing opportunities with other mediators
courses. The response was extremely and help to develop practice skills and
Committee positive and as a result, the Association techniques.
will offer both basic training courses Other highlights of this past year in-
Chairs Page 8 twice a year. clude:
The basic civil • Annual civil and
Recent Family training course was family mediation
Law Cases Page 10 presented on three seminars each at-
consecutive Thurs- In April, NJAPM
tracting more than
days in September. co-sponsored a training 40 attendees.
The basic divorce conference on the UMA. • Booths promot-
training will be held Attendance was at
Upcoming Events: on October 15, 16, ing NJAPM and the
capacity and for the first use of mediation at
28, 29, and 30. For
more information, time, the Association both the New Jersey
please visit our web- recorded the seminar. Psychological Asso-
site, www.NJAPM. ciation and NJEA
Board of Directors meeting conferences.
September 30, 2005 org.
In April, NJAPM • Addition of gen-
Basic Divorce Mediation co-sponsored a training conference on eral members to the NJAPM website,
Training Course: 40 Hours the UMA. Attendance was at capacity and updating of accredited member de-
October 15, 16, 28, 29 & 30 and for the first time, the Association tailed listings. We also enhanced meta-
recorded the seminar. If you were un- tags for web search engines.
Annual Conference— able to attend and would like to pur- • Development of a generic NJAPM
Professionalism, Profit, chase the CD, contact Carl Cangelosi at PowerPoint presentation available to
and Pragmatism firstname.lastname@example.org or at 609- members for their own presentations.
November 12, 2005 275-1352. All conference and training • Providing feedback to the AOC on
seminars sponsored or co-sponsored by the family economic pilot program and
NJAPM are offered to members at a the need to eliminate the free three-
All events held at the Doubletree In addition to discounted admission (Continued on page 11)
Hotel, Somerset, New Jersey to NJAPM sponsored seminars, a key
Volume 9 Issue 1
Officers And Directors
Letters to the 2005-2006
Anju D. Jessani, MBA, APM
We are soliciting your views
on issues that interest you and
Immediate Past President
Gale S. Wachs, Esq., APM
You may want to write about
President - Elect
the 3-free hour rule for the
Anthony P. Limitone, Jr. Esq., APM
court’s mediation program.
You may have suggestions for
William H. Donahue, Jr. , Esq., APM
programs at the general meet-
Whatever the topic, just write.
We can’t guarantee that your Secretary
letter will appear or that we
Carl J. Cangelosi, JD, APM
will follow The New York
Times rules for letters to the
editor, but the letters should be Directors
an interesting addition to the
NJAPM newsletter. Edward J. Bergman, Esq., APM
Send your letters to: Gail M. Cookson, Esq., APM
Gale S. Wachs Thomas J. Hanrahan, Esq., APM
MediatorNJ@aol.com Robert A. Karlin, Ph.D., APM
Jenny D. Puchta, CPA, APM
Michael J. Wolf, JD, APM
Volume 9 Issue 1
Dealing with Mistakes
By Michael J. Wolf
M istakes are preventable, but
they are also inevita-
ble. What you and the par-
ties do before making a mistake can
help prevent the preventable ones, and
after making a mistake
and ask the parties
Honor a code of personal behav-
ior. Be respectful, honest, and descrip-
tive when you show parties how to con-
front the situation and not the per-
son. Expect no less from the par-
minimize adverse impact after the in- to do the same. ties. Use “I” statements and gently de-
take until others can prove it. Help
evitable mistakes occur. scribe your perceptions rather than “the
minimize adverse impact by helping
truth.” Stop long enough to actively
parties be forthright about mistakes
Consider including a section in your listen, and listen more than talk. Avoid
they made and the role they played.
standard Agreement to Mediate that negative characterizations and conclu-
h e l p s e s t a b l i s h n o rms o r a sive statements – these usually fuel the
Accept responsibility after making a
"relationship compact" between you fire.
mistake and ask the parties to do the
and the parties. Consider including
same. Others often respect a person
some of the following items if you Avoid assigning motive or meaning to
more for doing so.
think they can make a difference: the mistake until after checking out as-
sumptions with the source.
Apologize. Strive to own the negative
Acknowledge that mistakes will occur
impact of a mistake on other person(s)
and allow for mistakes. This often Share feelings and describe im-
or the situation. Ask the parties to do
requires doing more than adding a sen- pact. Quietly – and sometimes pri-
so, too. This can be very power-
tence to an Agreement to Medi- vately – share your feelings and how
ful. You then can help parties more
ate. Early in the mediation process, the mistake affected you and/or oth-
effectively work with affected persons
help parties talk about whether judg- ers. If you made the mistake, acknowl-
to alleviate the problem or damage.
ment, blame, punishment or condem- edge others’ feelings and how the mis-
nation has been the norm when mis- take affected them. Do this using "I"
Learn. Help the parties discuss what
takes occur. If so, establish and im- statements. Express a genuine desire to
worked and did not work in the spe-
plement a plan to change those behav- resolve the situation, as opposed to ac-
cific situation surrounding the mistake
iors during the mediation proc- cusations and a desire to punish.
in order to learn how to avoid or mini-
ess. This can consume scarce media-
mize future problems. Then develop
tion time, but in addition to enabling Share responsibility for creating and
new norms or review and recommit to
parties to achieve substantive agree- implementing a response to the mis-
existing norms that may have been
ments, the value of such behaviors take. This can be a powerful asset to
sometimes transcends the issues that the parties’ institutional and interper-
brought the parties to mediation. sonal relationships, and can strengthen
Let go and move on. Let yourself and
their ability to address issues and prob-
others off the hook. Do not pun-
Value and commit to good communi- lems in the future.
ish. Address the problem as outlined
cations, including an agreement to
above, and then allow the slate to be
CYA (Check Your Assumptions) and
wiped clean. This can be very diffi-
ACBD (Always Consult Before De-
cult for some people, but they are the
ciding). Establish a "no surprises"
people for whom this recommendation
ground rule and create a specific proc-
is most important.
ess for rumor control.
Go directly to the source for resolu-
Treat each other with respect regard-
tion and encourage others to do the
less of the circumstances.
same. Some people silently harbor
negative assumptions and judgments,
Agree to resolve mistakes
while others complain to everyone but
jointly. This sends a powerful mes-
the source of the mistake. By the time
sage and can strengthen the overall Michael J. Wolf, JD, APM is counsel
it gets back to the source, the problem
problem solving relationship. for dispute resolution technology to
is wildly out of control. Encourage
others to stop complaining to people the National Mediation Board in
Be honest. Some people wait until Washington D.C., and an adjunct pro-
who are not in a position to or may not
others find out before reluctantly ad- fessor at Pepperdine University’s
want to help resolve the matter.
mitting a mistake. Some people will Strauss Institute in Malibu CA. He
not even acknowledge making a mis- lives in Cherry Hill, NJ.
Volume 9 Issue 1
State v. Williams
by Hanan Isaacs, Esq., APM
O n July 26, 2005, the New Jersey
Supreme Court issued a 5-2 de-
cision in State v. Carl Williams.
The majority opinion, written by Justice
Court aggravated assault case, wanted
the mediator to testify for the defense.
The alleged victim, Mr. Bocoum, while
in municipal court mediation, had admit-
timony issue 10 days after the UMA-NJ
became law. The Supreme Court also
granted amicus curiae status to the New
Jersey mediation community, to brief the
Zazzali, held that Mr. Williams's need for ted to picking up a shovel during a fight Supreme Court on this important issue.
the mediator's testimony did not out- in which the defendant cut the alleged
weigh the public's interest in mediation victim with a machete. The mediator State v. Williams is the first decision is-
confidentiality. The Court grounded its had heard that admission, and was pre- sued by a state high court interpreting the
analysis on the Uniform Mediation Act's pared to testify for the defense, Uniform Mediation Act. Justice Zaz-
balancing test for evidentiary use of me- which could have been key self-defense zali's opinion is extremely well written,
diation communications, and explicitly evidence. The trial judge heard the me- and is likely to be cited by other courts
followed the New Jersey State Bar Asso- diator’s proposed testimony outside the around the country.
ciation's and the mediation community's jury's presence, and then barred the me-
requests for statutory interpretation. The diator from testifying before the jury. If you have any questions about State v.
dissent, written by Justice Long, did not The trial judge found that Supreme Court Williams and its possible application
disagree with the majority on statutory Rule 1:40-4(c) does not permit an excep- to mediation in a particular situation,
analysis, but felt that Mr. Williams had tion to the rule against mediator testi- please do not hesitate to let me know.
made a sufficient showing of need to mony, even when balanced against a de-
overcome the general prohibition on me- fendant’s sixth amendment right to de-
Hanan Isaacs, Esq., APM, is a Past
diator testimony. fend himself at trial. The Appellate Di-
President of NJAPM and a sole practi-
vision affirmed. The Supreme Court
tioner in Princeton, New Jersey. He can
Mr. Williams, a defendant in a Superior granted certification on the mediator tes-
be reached at 609-683-7400.
Mark Your Calendar
NJAPM Committee Meetings/General Membership Meetings
All Committee Meetings and General Membership Meetings will be held at the
New Jersey Law Center in New Brunswick.
Committees will meet from 5:30 PM to 7:00 PM
General Membership Meetings will follow from 7:00 PM to 9:00 PM
(Dinner reservations must be made in advance.)
September 14, 2005, January 18, 2006,
March 15, 2006, May 17, 2006, September 20, 2006
Board of Directors Meetings
All meetings of the Board of Directors will be held
from 8:39 am to 12:00 Noon at the
Doubletree Hotel, Somerset, New Jersey
September 29, 2005, December 8, 2005,
February 2, 2006, April 6, 2006, June 8, 2006
Volume 9 Issue 1
The Mediator’s Toolbox
Book Review by Jon Linden, MBA, APM
The Conflict Resolution Toolbox derlying core reasons for the conflict, if
By Gary Furlong the desired result can be achieved with-
out dealing with those issues.
Diagnostic Models –
... he suggests that
“Pragmatic Mediation” The dynamics of trust model is an
actual diagnostic models
“attributional” model and focuses on the
can be used
F urlong’s new book may be a mile-
stone in the application of media-
tion theory to the practice of me-
diation. His objective is to introduce
“Models” or “Maps” that will provide the
to help the mediator
“diagnose” and then
manner and character of how the parties
“attribute” circumstances to conditions
about which they usually have incom-
plete or erroneous information. Often the
course of action” attributions assigned by parties are mis-
mediator with a diagnosis of the conflict placed or completely misdirected. This
and a course of action to move toward using these model helps the mediator build trust be-
resolution. ‘roadmaps to tween the parties and reach for a resolu-
Furlong is quick to say, “There is no
magic formula that resolves all disputes.” The one thing that was a little lacking in
This statement surely gives him an ele- the book were models that dealt with
ment of immediate credibility. In addi- “severed” or “terminal” situations in a
tion, the author notes that in his study of dictive value, can in fact be the most relationship. Only two of the models
many 40-hour basic mediation courses, precise “Models” to use for “Diagnosis really even dealt with this circumstance
“Mediation training seems to be focused and Treatment.” at all, and only one, the “Moving Beyond
solely on face-to-face skills and simple Conflict” model dealt with it in detail.
steps for conducting the mediation itself, These models will be recognizable to Since many mediations involve severed
and does little to teach the participants many of us who have studied the theory relationships, especially in labor and em-
about diagnosing the root cause of the of conflict resolution. For example the ployment, this is a minor deficiency, yet
conflict.” social style model is helpful in identify- the one model does address it in very
ing the type of personalities of the par- deep detail. The book should be consid-
In order to overcome the deficiencies of ties in the conflict and uses the classifi- ered a seminal work in the manner in
most training programs, he suggests that cation system with only 4 basic person- which mediators can approach conflict
actual diagnostic models can be used to ality types: analytical, driving, amiable resolution, and what to focus on for the
help the mediator “diagnose” and then and expressive. This is a helpful way highest potential degree of successful
“determine next course of action” using for a newer mediator to understand the resolution to the conflict.
these “roadmaps to resolution.” He de- character and personality of the parties.
fines 8 different models in his book,
which he describes as: The interests/rights/power model is pri-
marily based on Fisher and Ury’s nego-
The Circle Of Conflict tiating techniques. It emphasizes pri-
The Triangle Of Satisfaction marily interests, rights and power,
The Boundary Model without necessarily addressing the un-
The Dynamics Of Trust
The Dimension Model
The Social Style Model
Moving Beyond Conflict The interests/rights/
power model is primarily
To illustrate these “Models” Furlong uses based on Fisher and
a general case study to illustrate how dif- Jon Linden is an accredited business/
ferent “lenses” or perspectives on media-
Ury’s negotiating commercial mediator and a frequent
tion methods can yield very similar re- techniques. contributor to Mediation News. He can
sults. In addition, it is interesting to see be reached at Proactive Intervention, L.
how certain models, which the mediator L.C., in Warren, NJ, 908-580-0744 or
may have felt had little productive or pre- by email: email@example.com.
Volume 9 Issue 1
Carl J. Cangelosi, JD, APM
I n each newsletter we will take an
interesting/controversial topic and
have the pros and cons argued by
two members. If you have an interesting
issue that would be appropriate for this
Second, I enjoy the varying opinions on
hot topics. The recent exchange on the
3 free hour rule is such an example.
There were strongly argued positions
on all sides. It was stimulating and
want to start a new subject, start a new
Now as to how this should be enforced. I
don’t think any set of policies could be
column, please e-mail me at ccange- provided good information for our or- drafted that could capture the above and
firstname.lastname@example.org. ganization and the courts. still be workable. However, you as par-
ticipants in the listservs can exert peer
This issue’s topic is: Of course, not all e-mails are valuable. pressure.
Some are repetitious, boring, or, in ex-
Are the NJAPM civil and divorce treme cases, offensive. For the most Let’s say an individual continually gets
listservs being used properly or should part, that’s just part of having a free off-point when using the listserv. You
there be new policies governing their exchange of ideas. What I might find could send a private e-mail, NOT US-
usage? boring might be interesting to others. ING THE LISTSERV, directly to that
Some days I use my delete button fre- person . ( If you use the listserv to exert
I asked for volunteers on this questions quently. But that is a small price to pay peer pressure, you’re violating the “be
and no one apparently thought that the for participating in the listservs. courteous” rule.)
existing policies should be revised. So I
have decided to present both sides—sort There are a few occasions where a If enough people do that, it probably
of. member has violated the listserv poli-
cies but they have been rare. In my
Carl opinion, the listservs are working just I don’t think
right. I just wish they were used more.
any set of policies
The civil and divorce listservs serve a
very valuable function for the members could be drafted that
of NJAPM. It enables everyone to en- could capture the above
gage in a free exchange of facts and I don’t favor a change in NJAPM’s and still be workable.
opinions on just about any subject relat- policies but I do favor peer-enforced
ing to mediation. This is valuable for rules of etiquette. Here are my sugges-
several reasons. would have the desired effect. If
tions for such rules and how they the person doesn’t get the message, well,
should be enforced: there is always the delete key.
Be courteous—There is no reason at
I look forward to the any time not to be courteous in using
frequent digests of new the listservs.
cases that I receive
through the listservs. Be brief—Sometimes e-mails go on
and on. It would be helpful if people
edited their e-mails just like they would
a letter. Carl Cangelosi is an accredited civil and
divorce mediator with offices in Prince-
Don’t send last-word e-mails—If there ton and Plainsboro. He can be reached
First, it is educational. I look forward to has been a complete exchange of ideas at the New Jersey Mediation Group,
the frequent digests of new cases that I that you have participated in, there is 609-275-1352 or by e-mail at ccange-
receive through the listservs. I get a no need to send that last e-mail just to email@example.com.
good flavor of which way the courts are have the last word.
going on important issues and this helps
me be a better mediator. Other times Don’t be repetitious—Again, don’t be
members will give information about repetitious.
taxes, mediator strategies, etc. I find
these useful. Keep on point—If an exchange is
about taxes, keep to that subject. If you
Volume 9 Issue 1
Get in Touch and Stay in Touch
N JAPM is dedicated to serving the needs and interests of
mediator members. We have created a liserv to allow
practitioners to share their professional concerns and
exchange practice information. For your benefit, we have listed
state, national or international law or regulation. You agree to
use these services only for lawful purposes and you acknowl-
edge that your failure to do so may subject you to civil and
the policies and procedures for using the listservs.
You are responsible for ensuring that any material you provide
LISTSERV POLICIES to these services or post on a forum or listserv, including but
The following are terms of the agreement between you and the not limited to text, photographs and sound, does not violate the
New Jersey Association of Professional Mediators with respect copyright, trademark, trade secret or any other personal or pro-
to the use of the various listservs. By using the listservs, you prietary rights of any third party or is posted with the permis-
acknowledge that you have read, understood, and agree to be sion of the owner's of such rights. Material on these services is
bound by these terms. for your personal use only. These services may contain copy-
righted and other proprietary information.
COMMENTS BY USERS ARE NOT ENDORSED BY NJAPM
NJAPM does not necessarily endorse, support, sanction, encour- MATERIALS POSTED BY OTHERS
age, verify, or agree with the comments, opinions, or statements You agree that NJAPM is not responsible, and shall have no
posted on its listservs. Any information or material placed liability to you, with respect to any information or materials
online, including advice and opinions, are the views and respon- posted by others, including defamatory, offensive or illicit ma-
sibility of those who post the statements, and do not necessarily terial, even material that violates this agreement.
represent the views of NJAPM.
USE OF THE SERVICE BY YOU NJAPM may, from time to time, post additional rules of usage
You agree to use the listservs to further the goals and purposes that apply to specific parts of these services. Such additional
of NJAPM, and you will not knowingly use the listservs to the rules will be posted in a relevant part of its website, and will be
detriment of the organization or any of its members. clearly identified. Your continued use of these services consti-
tutes your agreement to comply with these additional rules.
You agree not to use any obscene, indecent, or offensive lan-
guage or to place on these services any material that is defama- LIMITATION ON OR DENIAL OF USE
tory, abusive, harassing, or hateful. Further, you may not place NJAPM may limit or deny access at its discretion to anyone
on these services any material that is encrypted, constitutes junk who uses the listservs excessively, which shall include repeti-
mail or unauthorized advertising, invades anyone's privacy, or tive use on the same topic or subject matter, or otherwise mis-
encourages conduct that would constitute a criminal offense, uses or abuses this benefit.
give rise to civil liability, or that otherwise violates any local,
does not necessarily endorse, support,
sanction, encourage, verify, or
agree with the comments, opinions,
or statements posted on its listservs.
Volume 9 Issue 1
Committee Chairperson(s) Telephone # E-mail Address
Accreditation Tom Hanrahan 973-616-6601 firstname.lastname@example.org
Annual Conference Anju Jessani 908-303-0396 email@example.com
Gale Wachs 908-256-6505 mediatorNJ@aol.com
Executive Committee Anju Jessani 908-303-0396 firstname.lastname@example.org
Judiciary & Organizations Ed Bergman 609-921-1502 email@example.com
Legislative Relations Ed Peloquin 732-940-0520 firstname.lastname@example.org
Liaison: Garibaldi Inn and DRS Michael Wolf 210-392-1699 email@example.com
Long Range Planning Tony Limitone 973-539-6122 firstname.lastname@example.org
Mediator Ethics Review Board Gene Rosner 732-382-6070 email@example.com
Greg Cannarozzi 201-261-6444 firstname.lastname@example.org
Membership Bob McDonnell 914-329-1156 email@example.com
Claudia Cohen 908-654-4303 firstname.lastname@example.org
Newsletter Gale Wachs 908-256-6505 mediatorNJ@aol.com
Carl Cangelosi 609-275-1352 email@example.com
Bob Karlin 609-924-7019 firstname.lastname@example.org
Nominating Committee Gale Wachs 908-256-6505 mediatorNJ@aol.com
Peer Consultation /Mentoring Bill Donahue 856-854-0303 email@example.com
Policies & Procedures Manual Gail Cookson 973-736-4600 firstname.lastname@example.org
Programs Carl Cangelosi 609-275-1352 email@example.com
Marketing Jenny Puchta 732-706-9478 firstname.lastname@example.org
Speakers Bureau Jon Linden 908-580-0744 email@example.com
Youth Peacebuilding Coalition Bill Donahue 856-854-0303 firstname.lastname@example.org
Website Carl Cangelosi 609-275-1352 email@example.com
Learn more about NJAPM by visiting our website at
Attend our meetings and become a part of
the NJAPM community of mediators.
Contact a Chairperson to join a committee.
Volume 9 Issue 1
Professional Liability Insurance
For NJAPM Members
Is Now Available
Policies are available to all general and accredited members of NJAPM.
NJAPM has been able to negotiate favorable group rates
for Arbitrators and Mediators Liability Insurance
for members who are not otherwise covered.
The price and the policy are the same as is currently offered
by the Association for Conflict Resolution (ACR).
However, the service charge for New Jersey
is $25 compared to the $50 charge for ACR policies.
A basic liability insurance policy for a family mediator
who mediates less than 20 hours per week would cost
$350 + $25 + 3% tax for $100,000/$300,000 coverage
$438 + $25 + 3% for $250,000/$500,000
$569 + $25 + 3% for $500,000/$1,000,000
These figures are based on $1,000 deductible per claim.
For further information or to obtain forms,
contact Armand Bucci at: firstname.lastname@example.org
Or phone him at 856-663-2237
(Forms are also available on the www.NJAPM.org website)
Volume 9 Issue 1
Recent Family Law Cases
prepared by Carl J. Cangelosi, JD, APM
Weir v. Weir, App. Div.— Part’s formulation for child sup- of the negotiations, failing which,
Defendant-wife’s appeal from the port met the requirements of N.J. she would refer the matter to me-
final judgment of divorce is re- S.A. 2A:34-23 and the Child diation.
jected, including her assertion that Support Guidelines where the
the judge erred in awarding her court found that the “variable na- Lande v. Lande, App. Div.—The
too little in both alimony and child ture” of the plaintiff’s income trial court was wrong when it re-
support, refusing to impute in- and bonuses required an ac- fused to terminate the ex-
come to plaintiff, who defendant counting twice a year. March husband's alimony. The ex-wife
argued had deliberately dissolved 30, 2005 was cohabiting with her paramour
his lucrative cash pizza supply as man and wife with all but the
business and became a salaried Mani v. Mani, Supreme Ct.— marriage certificate. By intention-
employee of a distributor in order Marital fault is irrelevant to ali- ally failing to provide her para-
to avoid his obligations for both mony, except in two narrow in- mour’s financial information, she
alimony and child support; the stances: (1) cases in which the prevented the alimony termination
court is convinced that any alleged fault negatively affects the eco- motion from being prop-
inconsistencies and past financial nomic status of the parties; and erly considered. If she wants the
machinations by plaintiff were (2) cases in which the fault so alimony reinstated, the missing
taken into account by the trial violates societal norms that con- information must be provided. She
judge in the ultimate determina- tinuing the economic bonds be- will have the burden of proving
tion. March 10, 2005 tween the parties would con- her alleged financial dependence
found notions of simple jus- on her ex-husband. May 25, 2005
tice. April 6, 2005
Entress v. Entress, App. Div.— Guzzo v. Guzzo, App. Div.—On
Family Part judges must refrain Maiorisi, etc. v. Danella, App. the plaintiff-husband’s appeal, the
from entering judgments and or- Div.—The court dismisses the court affirms the Family Part
ders appending transcripts that appeal of the defendant-father, judge’s: (1) computation of the
purport to set forth the terms and who sought to continue the par- permanent alimony award to the
conditions of the parties’ agree- ties’ joint legal custody arrange- defendant-wife, whose psychiatric
ment. Rule 4:42-1(a)(4) requires ment, but asked the Family Part problems prevented her from fully
a “separate numbered paragraph judge to designate him as the supporting herself, ruling out re-
for each separate substantive pro- primary residential custodial par- habilitative alimony; (2) establish-
vision of the judgment or order.” ent, instead of the plaintiff- ment, as the marital dissolution
March 22, 2005 mother. The motion judge found date for equitable distribution pur-
the motion premature, because poses, the date of the filing of
Nie v. Zou, App. Div.—The defendant had failed to abide by plaintiff’s divorce complaint,
Family Part did not err by denying a paragraph of the parties’ prop- which alleged extreme cruelty on
the defendant ex-wife’s claim for erty settlement agreement, which the basis of defendant’s having
alimony where the court found indicated that the parties should had an affair with a co-worker;
that the parties’ incomes were attempt to resolve any issues be- and (3) finding, on defendant’s
“substantially the same” and that tween themselves before seeking counterclaim for divorce, that
the defendant did not need the court intervention; she directed plaintiff, too, engaged in acts of
plaintiff ex-husband’s assistance the parties to attend parenting extreme cruelty by engaging in
to enjoy a lifestyle that was simi- classes, and to negotiate within internet sex and pursuing relation-
lar to the one that she enjoyed dur- twenty days, directing counsel to ships with the women he met
ing the marriage; the Family report back to her on the status
Volume 9 Issue 1
Recent Family Law Cases cont...
online. May 27, 2005 The cohabitation and its conceal- about the son's college plans. The
ment constituted bad faith and court notes that defendant did not
Schwefringhaus v. Schwefring- justified a retroactive termina- attend court-ordered therapy ses-
haus, App. Div.—The ex-husband tion of alimony, requiring her to sions, and rejects his arguments
is entitled to discovery and a ple- reimburse to him the alimony he on appeal that the trial court: (1)
nary hearing on his application to had paid her. Moreover, she was did not properly consider the
terminate alimony based on the not entitled to any offset for the plaintiff's failure to abide by the
ex-wife's cohabitation. The case is tax credits he received for pay- terms of the parties' agreement;
remanded based on prima facie ing the alimony. July 8, 2005 (2) erred in denying his request
evidence that the ex-wife is co- for a Newburgh hearing; (3) erred
habiting with two unrelated males, Suess, Jr. v. Gonzalez, App. in his analysis of the Newburgh
is sexually involved with one, and Div.—The Family Part judge factors; (4) made incorrect and in-
receives financial contributions aptly denied plaintiff's motion adequate findings of fact; and (5)
from both. , May 31, 2005 for a reduction of child support erred in denying his request for
based on a finding that his un- counsel fees. July 21, 2005
Feldman v. Feldman, App. deremployment was temporary
Div.—In the context of joint cus- in nature, and properly rejecting
tody, the primary caretaker has the his claim that the passage of
sole authority to decide the reli- three years without being able to
gious upbringing of the children, find another job in his field of Message
and the secondary caretaker shall expertise constitutes a
not enroll the children in training "presumptive change in circum- Cont...
and education classes for pro- stances." Other than his conclu- (Continued from page 1)
grams in a different religion over sory comment that he has at- hours that mediators currently provide to
the primary caretaker’s objections tempted to find similar work, he the AOC.
when exercising visitation provided no specifics about his • Expansion of county peer group
rights. The secondary caretaker is job search efforts. July 13, 2005 monthly meetings with member orienta-
not barred from having the chil- tion presentations by our membership
committee at many of these meetings.
dren exposed to religious services Conod v. Hall, App. Div.—
or holidays. June 9, 2005 Although the appellate court • Development of a policies and pro-
agrees with defendant that there
• Approval of up to 4 continuing edu-
Randazzo v. Randazzo, Supreme was no testimony or record to cation credits annually for co-mediating
Ct.—A trial court has the discre- justify the finding that he broke with a candidate for accreditation.
tion to order the sale of marital as- his son's arm, or that he was ini- We look forward to a very productive
sets prior to a final judgment of tially responsible for the prob- year again. But we need the help and
divorce when the circumstances of lems in their relationship, the support of our members. Please share
your ideas and your time with us. To
the case so justify. June 28, 2005 court affirms the judgment en- contact a committee chairperson, see
tered against the defendant- page 8.
Duchemin v. Duchemin, App. father for 44% of the college ex- Thanks for your participation and con-
Div.—Wife was in fact cohabiting penses of the parties' son, despite tinued support.
when the parties signed their estrangement, and despite
their agreement. However, her ex- the fact that defendant and plain-
husband did not learn of her co- tiff had no contact, and plaintiff
habitation until two years later. gave defendant no information
Volume 9 Issue 1
Newly Accredited Members
T he New Jersey Association of
Professional Mediators is
pleased to announce the ac-
creditation of 6 members. Accredita-
tion is granted for a period of one
continuing education every year.
We are happy to welcome the follow-
ing Accredited Professional Mediators
into the NJAPM family and we look
forward to having them become active
The following members have been ac-
credited as Business/Commercial media-
year. participants in the association. Edward J. Bergman, Esq.
Robert J. McDonnell
Renewal after the first year is The following member has been ac- Jenny A. Puchta, CPA
granted only to members of the Asso- credited as a Divorce and Family Me- John Sands, Esq.
ciation in good standing and only diator: Risa S. Wasserman, Esq.
upon satisfaction of continuing educa-
tion requirements and approval of the Anna-Maria Pittella, Esq.
Board of Directors. Accredited mem-
bers are required to have 10 hours of
New Jersey Association of Professional Mediators
203 Towne Centre Drive
Hillsborough, NJ 08844
Volume 9 Issue 1