Hanan Isaacs obtains NJ Appellate Division's approval
Mediation Group (NJAPM) Invited to Brief Appellate Court on Pivotal Malpractice Divorce Case; Views to be Presented at June 7 ADR Conference
NEWS--- FOR IMMEDIATE RELEASE
Kingston, NJ (May 28, 2002) The New Jersey Appellate Division has granted the New Jersey Association of Professional Mediators' (NJAPM) application to provide an amicus brief on the issues raised by the plaintiff's appeal in the case of Lerner versus Laufer. NJAPM is the only New Jersey dispute resolution group invited to appear as amicus curiae ("friend of the court") for this case.
According to NJAPM's President, George Hays, "The Lerner v. Laufer case is the single most urgent and compelling matter affecting mediation, negotiation, and settlement practices and their underlying vital public policies in this State." He adds, "We further believe that the Appellate Division will benefit greatly from NJAPM's specialized body of information, knowledge, and experience in divorce mediation matters, which information, knowledge, and experience will have a direct and specific bearing on the issues before the Court."
William Laufer represented Lynn Lerner in her divorce in 1994, following mediation with a New York mediator. At that time, Laufer had recommended that he undertake discovery. When Lerner declined his recommendation and requested that he just review the mediation agreement, he warned her in writing that he couldn't guarantee that the settlement was in her interest.
In 1999, Lerner filed a malpractice suit, alleging that Laufer violated rules of professional conduct requiring diligence. In November of 2001, Judge David Cramp of the New Jersey Superior Court, Law Division, Morris County, entered summary judgment dismissing Lerner's claim and stating that a lawyer has no duty to launch full-blown adversarial proceedings after a client has agreed the work should be restricted to a review of the mediated settlement. Lerner is appealing from that decision. Lerner is represented in the Appellate Division by attorney Hilton Stein and Laufer is represented by attorney Marianne Espinosa Murphy. NJAPM's Immediate Past President, Hanan Isaacs, will argue the matter on behalf of NJAPM.
Isaacs, a Kingston based lawyer and mediator, prepared NJAPM's request to the Appellate Division to submit an amicus brief. A team of NJAPM attorney-mediators led by President-elect Gale Wachs, and including Isaacs, Robert Margulies, Suzanne M. McSorley, and Douglas Schoenberg, will submit the amicus brief on behalf of the organization. Isaacs and Schoenberg will discuss Lerner versus Laufer and its implications for mediators and review lawyers at the upcoming ADR Day Conference scheduled for Friday, June 7, 2002.
ADR DAY VI: Conflict Resolution in a Changed World is sponsored by nine leading professional New Jersey organizations, including NJAPM. The Enron/Arthur Andersen dispute court appointed mediator, Professor Eric D. Green, is the keynote speaker for the conference. ADR DAY VI will be held from 9AM to 5PM on June 7th at the Sheraton at Woodbridge Place, Iselin, NJ. Costs are $209, $219 at the door. Discounts are available for sponsoring group members. For more information on the conference, please call the New Jersey Institute for Continuing Legal Education at (732) 214-8500.
With over 250 members, NJAPM is the largest statewide mediation organization, and the only New Jersey mediation organization with a structured accreditation process. Members come from a variety of licensed professional backgrounds including law, psychology, social work, engineering, architecture, business, and accounting. Its membership currently consists of 60% lawyers. Most of NJAPM's attorney-mediators have served at different times as "outside review" counsel. For more information regarding NJAPM, please call 800-981-4800, or visit the NJAPM web site at www.njapm.org.
Glossary: An amicus brief is usually provided by someone who is not a party to the litigation, but who believes that the court's decision may affect its interest. They are considered to have expertise on the subject matter that may assist the court in their decision.
For more information about Mr. Isaacs contact Katherine Kish (609) 799-8898
