Alternative Dispute Resolution
Alternative Dispute Resolution includes dispute resolution processes and techniques that act as a means for disagreeing parties to come to an agreement. It is a collective term for the ways that parties can settle disputes, with the help of a third party.
As an Arbitrator for the New Jersey Courts, Ms. Spiegel hears contract related disputes and makes a decision which is final unless a party files a demand for a trial de novo or the parties submit a consent order detailing settlement terms ( R. 4:21A-6). As an Arbitrator for the American Arbitration Association Ms. Spiegel hears and decides cases in various areas including but not limited to construction, commercial, lemon law, and Educational Testing Service disputes. She is also available as an Arbitrator privately with the written consent of all parties.
As a Mediator for the New Jersey Courts, the American Arbitration Association and privately, Ms. Spiegel works with parties, and counsel, if any, to resolve disputes. She facilitates the discussion among the parties to effectuate settlement. Areas open to mediation include but are not limited to business disputes among partners, shareholders, and parties to contracts, construction disputes among owners, general contractors, subcontractors and suppliers, elder care issues among family members, estate issues among siblings and heirs, family law mediation including divorce and post divorce mediation.
Business and Commercial Law
Business and Commercial Law is the body of law that applies to the rights, relations, and conduct of persons and businesses engaged in commerce, merchandising, trade, and sales. Ms. Spiegel mediates business and commercial disputes between parties prior to a suit being filed as well as matters already in litigation.
Chancery and General Equity
Chancery deals with cases where equitable relief is sought. These are cases where one of the parties desires an injunction or a similar order requiring that the other party/parties do something other than pay money. Ms. Spiegel is available to mediate these type of matters both prior to and during litigation. She has represented parties in this court division in clear title actions, guardianships and family law matters.
Construction Law deals with all issues surrounding the improvement to real property from subsurface installations to high rise commercial structures to bridges, tunnels and roadways. It includes the building of single and muti-family residences including co-ops and condominiums. Ms. Spiegel has arbitrated in the construction field for more than 20 years and is also a construction mediator. She has been the the Co-chair of the Bergen County Bar Association’s Construction Law Committee for a number of years.
Divorce Law and Mediation
Ms. Spiegel has represented parties in divorce matters for more than 30 years. She has litigated divorce issues including but not limited to alienation of affections of children, child abuse, child support, custody, equitable distribution, spousal support (alimony) and parenting time. She has also litigated post-divorce issues including enforcement actions and change of circumstances applications.
Although Ms. Spiegel continues to litigate divorce issues on behalf of her clients she also is a divorce and family law mediator. As a mediator Ms. Spiegel helps parties to reach a settlement in their divorce prior to entering into litigation and thereby avoiding the financial burden associated with a litigated divorce. As a court approved economic mediator Ms. Spiegel is also available to assist parties who have already entered into litigation to resolve their outstanding issues through mediation.
Elder Law covers an area of legal practice that places an emphasis on those issues that affect the growing aging population. Such areas as estate planning, wills, trusts, guardianships, protection against elder abuse and end-of-life planning all fall under Elder Law. Ms. Spiegel mediates among family members on issues related to Elder Law. Ms. Spiegel will also represent a party in court who is seeking to become the guardian of a loved one.
Estate planning is the process of arranging during one’s life for the disposal of one’s estate after one’s death. It may include the establishment of trusts and the designation of guardians for minor children and for other beneficiaries who are incapacitated. Ms. Spiegel advises clients on estate planning and drafts Wills, Living Wills, Advanced Directives, HIPAA Releases and Authorizations, Driver Planning Agreements and other documents.
Family Law is an area of the law that deals with family-related matters and domestic relations. Ms. Spiegel has extensive experience in all aspects of family law. She has represented clients in divorces, child abuse, child custody, adoption, juvenile court and in guardianships for special needs children and the elderly. Since 1993 she has been a member of the Bergen County Youth Services Commission serving in many capacities including the Chair of the Commission. Ms. Spiegel also currently sits on the Bergen County Steering Committee for the NJ Council on Juvenile Justice System Improvement.
A legal guardian is a person who has the legal authority to care for the personal and property interests of another person. Ms. Spiegel works with families seeking to obtain guardianship of a loved one who is unable to take care of him/herself including special needs children and the elderly. Guardianships can only be obtained by court order.
Probate and Estate Administration
Probate and Estate Administration deals with matters after a person has died. Ms. Spiegel assists families whose loved ones have passed away, with or without a Last Will and Testament, to probate the estate and comply with inheritance and death tax requirements as well as distribution of the estate either in accordance with the decedent’s Will or state intestacy (without a Will) statutes.
Real Estate Law
Real Estate Law encompasses any matters pertaining to buying, selling, or renting property. Ms. Spiegel represents parties in the purchase, and sale of residential real estate and landlords and tenants in residential and commercial leases.