Litigation Insights — Lindabury, McCormick, Estabrook & Cooper, P.C. Firm News & Events

Confidentiality and Privilege in the Mediation Process

Published on: October 26, 2022 | by Nicole A. Kobis and Honorable Katherine Dupuis, (Ret.)

Imagine you attended a mediation in a hotly contested matter which turns out to be a total waste of time because your adversary was late, unfamiliar with the file or unwilling to entertain settlement discussions. Is it permissible to tell the trial judge about your adversary’s failure to act in good faith? What if you are able to reach an agreement but one side later refuses to acknowledge that agreement? Is there any recourse?

Imagine you participate in a mediation which is unsuccessful. Your adversary files a motion wherein it is disclosed that your client was willing to waive alimony at mediation. You, of course, are furious at this misrepresentation because that is only part of the story. What has been omitted is that your client was only wiling to waive alimony in exchange for receiving 100% of the property in equitable distribution. How do you respond?

The General Rule

When Will I Get My Day In Court?

Published on: November 29, 2021 | by Honorable Katherine Dupuis, (Ret.)

While the pandemic continues to impact individuals and businesses, efforts to bring a sense normalcy back to daily life are apparent across the state. One such effort is the reopening of New Jersey Courts. While this is happening, the reopening is occurring slowly.

Back in June, 2020 a three phase plan was instituted by the Administrative Office of the courts. Phase One was to have fully remote operations. While Phases Two and Three had gradual increase in the number of judges and staff who would be permitted on site. Phase Two was capped at 10 – 15% while Phase Three permitted 50-75 % of judges and staff to return. However, the judiciary found it necessary to amend their original plan and institute Phase 2.5 which permitted a maximum of 25% of judges and staff to return. We currently remain in Phase 2.5 and there is no set date for Phase Three to take effect.

Phases 1 through 2.5 have seen matters such as simple matrimonial trials, chancery and probate matters be conducted by zoom or similar virtual platforms. A handful of civil jury trials have also been able to have been conducted statewide. A new directive allows for criminal and civil jury selection and trials on site while allowing judges to use their discretion to bring in matters into their courtrooms.

Honorable Judge Katherine Dupuis, (Ret.) Discusses Mediation in Estate-Planning Disputes

Published on: December 10, 2020 | by Lindabury, McCormick, Estabrook & Cooper, P.C.

In the latest article for WealthManagement.com, the Honorable Judge Katherine Dupuis, (Ret.) of Lindabury’s Alternative Dispute Resolution Practice Group offers insight on how mediation can be a viable way to achieve cost savings and justice during estate-planning disputes. This write-up addresses both what can go wrong and how to move forward through the process. To read it in its entirety, click here.

Lindabury’s Honorable Judge Katherine Dupuis (Ret.) Named as 2020 Professional Lawyer of the Year

Published on: November 18, 2020 | by Lindabury, McCormick, Estabrook & Cooper, P.C.

We are pleased to announce the Honorable Judge Katherine Dupuis (Ret.) of Lindabury’s Alternative Dispute Resolution practice group has been named been as the 2020 Professional Lawyer of the Year by the Union County Bar Association. This award is presented to lawyers who are honored by colleagues for their exemplary conduct, competence, diligence, and demeanor.

Judge Dupuis (Ret.) concentrates her practice on mediation and arbitration in the areas of commercial disputes, probate mediation, and divorce mediation. To contact Judge Dupuis (Ret.) or to learn more about the services she offers, please click here.

Disputes Between Business Partners Can Be Resolved Without Going To Court

Published on: October 13, 2020 | by Honorable Katherine Dupuis, (Ret.)

ALTERNATE Dispute Resolution of Business Claims

Business conflicts arise in a myriad of different situations, such as: minority shareholder claims, dissolution, allegations of self dealing, breach of fiduciary duty, and violations of restrictive covenants. Additionally, minority partners may allege they have been shutout of the business, or a stockholder may seek greater access to internal investigations. Individuals may also seek to have their interests bought out. Even where there is a governing document dealing with dissolution, there is frequently a dispute as to how it applies in a given situation. Any of these claims expose the business entity to damages and the high cost of litigation. Beyond that, there is the concern that corporate secrets or methods of doing business will be exposed to competitors. There may be concern that questionable tax practices may come to the attention of the court. Even if there is a confidentially order in effect, it is likely that the competitor will learn of the dispute and take advantage of the turmoil within the company. Similarly, an individual suing a business entity risks being labeled a trouble maker and having their business reputation compromised.

Mediation presents a more efficient, less expensive, and confidential method to resolve these disputes. The parties can agree on the ground rules for the mediation. Mediation can be undertaken immediately with the mediator permitting some discovery, or it can be started after the parties have already commenced litigation. The mediator can work with accountants, as necessary. Mediation is a viable solution when dealing with a problem of a small business and also when dealing with more complex issue such as interlocking corporations and closely held family businesses.