Mediation Services Offered
Civil Law
Commercial, Municipal and Residential/Individual litigation and transactions including Environmental Law and toxic tort cases
Probate law
Disputes involving estates, wills and Inheritance
Family Law
Legal issues regarding parents and children – married or unmarried, opposite or same sex, LGBTQ parties
Education law
Special Education and general education including student discipline, residency, educators' issues and non-tenured employee issues
Do you want to avoid the following issues?
1. Stressful adversarial court litigation
2. Lengthy court procedure – Months to begin, years to end – From the complaint to trial and to possible appeal
3. Court process is most often more costly
4. Court docket may have multiple cases scheduled same day as your case
5. PUBLIC COURT PROCEEDINGS
6. Lost work time
7. Irreparable damage to the relationship of the parties(and/or children in family cases)
8. Living with anxiety during lengthy litigation
CONSIDER MEDIATION OR ARBITRATION
- In mediation, you decide
- In arbitration, your chosen arbitrator decides in an informal private hearing
REMEMBER - In court, your legal issues are decided by an assigned court judge or if a civil trial, probably by a jury – not you!
Phone
(732) 798 9500
Location
19 Main Street
Toms River, NJ 08753
(by the corner of Water Street)
Hours:
Mon-Fri 9am–6pm
The difference between Mediation and Arbitration
MEDIATION
A neutral mediator, here a retired judge, facilitates settlement negotiations between the parties with their attorneys or parties alone if unrepresented. Instead of filing a lawsuit, the parties may mediate their dispute. After filing a lawsuit, the parties may still mediate their dispute with a chosen mediator. The parties will raise the legal issues and the mediator may discuss the issues with all parties together and with the parties individually. The parties decide the terms of their settlement of their disputes in private, confidential sessions with the mediator. The settlement is a signed contract between the parties. Mediation reduces the chances of a costly, lengthy, stressful, adversarial court process. There also is less of a chance of lasting damage to personal or business relationships and the interests of the parties’ children. Since the parties control the settlement, there is a higher degree of a successful lasting dispute resolution.
ARBITRATION
The purpose of arbitration is to provide an informal, dignified process for resolving cases in an economic, expeditious and confidential manner. The arbitrator, here an experienced trial judge, will conduct an informal hearing and make a just determination on the issues, based on the facts and law presented by the attorneys. Legal memorandum of facts and laws, testimony, documentary evidence, expert reports, opening and closing arguments may all be provided and considered by the arbitrator. Evidence rules do not apply to arbitrations. After the hearing, the arbitrator renders a final decision. In civil cases a contract may have required or the parties may have agreed to a binding decision. In family divorce cases, the arbitrator’s decision will be presented to the Family Court Judge for acceptance in granting the divorce.
About Judge Wauters
Stephanie Wauters can help you solve your ligation issues quickly, fairly and with respect. Now serving Ocean County, Monmouth County and other NJ counties.
Professional Skills
Experienced Superior Court Judge in the Law Division and the Chancery Division
Settlements, Motions, Hearings and Trials
Experienced Administrative Law Judge
Settlements, Motions, Hearings and Decision Writing
Mediation Training, National Judicial College, Reno, Nevada
My Goals for the Mediation Process
To serve the Bench, Bar, and public with a fair, reasonable, timely and cost-effective dispute resolution
To provide a private, individualized proceeding to accommodate the parties’ needs and situations
To assure a confidential and privileged process
To utilize a comfortable, conveniently located office with a conference room and areas for private attorney and client discussions
To travel to an attorney’s location if requested or necessary
To assure equal attention and service to all – Court referrals, private attorneys and clients, or unrepresented parties
Over 30 years of legal experience
New Jersey Superior Court Judge in Ocean County
Chancery Division-Family Part; Law Division-Criminal Part
NOTEWORTHY
Family Court: Judge Wauters held a novel case hearing of a “tri-parenting” arrangement of two same-sex spouses, the biological and the psychological fathers, and the biological mother. Judge awarded equal legal custody of the child to the three parents and equal residential custody to the men together and to the mother. This is a published decision.
Criminal Court: Judge Wauters issued a Suppression Motion decision which was the catalyst in a modification of a major evidence rule – the Marital Privilege. Judge denied the suppression of communications evidence between the spouses while they engaged in illegal drug activity. The decision was partly based on the reasoning that such communication in furtherance of drug activity is not worthy of protection by the marital privilege. She discussed the crime-fraud exception to the marital communications privilege which the federal and many state courts have adopted. The Appellate Court reversed based on the violation of the Wiretap Act, but favored the reasoning regarding a crime-fraud exception to this marital privilege N.J.R.E. 509. However, pursuant to The Evidence Act of 1960, a procedure involving the three branches of government had to be followed to change a major evidence rule privilege. Upon appeal, the New Jersey Supreme Court in a unanimous decision written by Chief Justice Stuart Rabner held the crime-fraud exception should apply to the marital communications privilege and sent a draft of the modification to the Senate and Assembly who jointly passed the modification and the Governor signed it. State v. Yolanda Terry and Teron Savoy, 218 N.J. 224 (2014); State v. Terry, 430 N.J. Super. 587 (App. Div. 2013)
New Jersey Administrative Law Judge, Trenton, New Jersey
Appeal cases of 38 State Agencies including:
N.J. Department of Environmental Protection
N.J. Department of Education
Attorney-at-Law, Civil Law Private Practice
Toms River, New Jersey
Concentrations: Environmental, Business, Probate Law
Including 9/11 World Trade Center Victim Fund cases with multi-million dollar awards to widows with children
Plus, previous positions held
Senior Assistant Prosecutor – Ocean County Prosecutor’s Office
Law Clerk of Ocean County Civil, Family and Criminal Judges
Legal Intern, Environmental Protection Agency
Toms River High School South Biology Teacher
Education
Rutgers University School of Law, Camden, NJ J.D.
College of Saint Elizabeth, Convent Station, NJ B.A. Biology
Legal Activities
2016 Annual NJ State Bar Convention, LGBTQ Section Panelist, "DIY Parentage"
NJ Supreme Court Committee, "Women in the Courts"
NJ State Supreme Court Chairperson Panel A, District III Ocean County Fee Arbitration
Ocean County Bar Association: Women's Committee Panel Presentations & Administrative Law Court Panel Presentation
Special Honors
New Jersey Association of Environmental Commissions (ANJEC) as President of Ocean County Citizens for Clean Water
“GAEA Award” by Ocean County Women’s History Month for environmental achievements
“Women of Distinction Award” by Ocean County Soroptomists for legal and community achievements
“Sister Miriam Theresa Award” by Women’s Auxiliary of New Jersey Catholic War Veterans for service to society
Recognition for Achievements in Law Enforcement by New Jersey Jewish War Veterans Monmouth-Ocean Counties
“Woman of Influence Award” by Ocean County Providence House for outstanding service to victims of violence
Zonta International Profession and Business Women’s Award. December 2011,
“The Mother Xavier Award” by The College of St. Elizabeth for “courageous leadership in justice and environmental sustainability.”
Contact Us
Please call us to schedule an appointment. Or, you can fill out the below contact form:
Our Office
Wauters Mediation, LLC
19 Main Street
Toms River, NJ, 08753
United States
(732) 798 9500