240/242 Franklin Ave., LLC, 215 N.J. 242, 245 (2013), which confirms that all agreements reached during mediation must be reduced to a signed written agreement and that mediation discussions cannot be used as evidence of proof of an agreement unless the parties waive the privilege of mediation. The Appeal Division distinguished this case from a 2017 decision, GMAC Mortg., LLC v. Willoughby, 230 N.J. 172 (2017) because, in this case, the letter was signed by counsel for the parties. Although these are not family law issues, the same principles apply to all conciliation negotiations. Mediation can be a cost-effective way to bring the parties to the divorce together and bring them to compromises in order to prevent them from being brought to justice.
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