Category Archives: Mediation

Appeal of Mediation Settlements

This month, we reviewed Marinaccio v. Dapkins, Superior Court of New Jersey, Appellate Division, Docket No. A-3962-10T2, which is a case involving testamentary trusts established by the litigants’ parents and great-aunt. The beneficiaries of the trust filed an action to compel an accounting and distribution of remaining assets. The Court took a look at N.J.S.A. 2A:23A-18b which provides: Upon the granting of an order confirming, modifying or correcting an award, a judgment or decree shall be entered by the court in conformity therewith and be enforced as any other judgment or decree. There shall be no further appeal or review of the judgment or decree. Here, the parties agreed to mediate the case, and they reached and signed an agreement. Thereafter, it was necessary for one side to seek enforcement of the settlement. In this matter, the Court’s decision deals with the limited ability to appeal a mediation settlement once the Court has granted an order confirming, modifying, or correcting an award. N.J.S.A. 2A:23A-18b. The Court went on further to say that such a review would only be allowed in rare circumstances grounded in public policy, such as child support, rulings rendered by a biased judge and decisions that exceed … Continue reading

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