The New York State Council on Divorce Mediation
and
The Family and Divorce Mediation Council of Greater New York
invite you to attend their FALL MINI-CONFERENCE on
Sat., December 12, 2009 -- The Williams Club, 24 E. 39th St. (bet. Madison & Park), Manhattan
PROGRAM
8:30 - 9:00 Registration, coffee, tea, bagels and muffins.
[NOTE: The program will start PROMPTLY at 9 am.]
9:00 - 10:30 Topic: Donning The ‘New Cap’: Will $130,000/yr Change the Mediation of Child Support?
Panel: Rachel Fishman Green, attorney-mediator and collaborative lawyer, head of ReSolutions..
Brett Peter Linn, Esq.--Attorney and Past President of NYSDRA.
Steven Abel: divorce mediator and family law attorney; President, NYS Chapter of AFCC.
10:30 - 11:30 Topic: Marital Arbitration: How and When to Use it to Support Mediation
Speaker: Honorable Elaine Jackson Stack, JSC (ret.)
11:30 - 11:45 A short break
11:45 - 1:00 Topic: Confidentiality and Privilege in Mediation (NOTE: this talk offers Ethics CLE credit.)
Speaker: Eli Uncyk, JD: Uncyk, Borenkind & Nadler.
1:00 - 2:30 Lunch Optional: lunch with other participants at nearby restaurant (at your own cost)
(Lunch is otherwise available, on your own, in the neighborhood of the Williams Club.)
2:30 - 4:00 Topic: Interactive role play: Mediating with clients who present unusual challenges
Speakers: We will count on audience input to problem-solve and work through how to handle the different types of cases presented.
4:00 - ? Informal networking at conclusion of program.
Presentation Details:
Donning The ‘New Cap’: Will $130,000/yr Change the Mediation of Child Support?
The passage, last August, of the Child Support Modernization Act is the first major revision to NYS’ child support laws in 20 years. The panel will analyze several uniform questions about child support from the differing vantage points of the mediator, the attorney and the judiciary. The panel will discuss:
- What is the present state of the law regarding child support/threshold amount?
- How does it affect the mediation process?
- Analysis of the state of the law of child support in the context of joint custody.
- Does the new $130,000 amount constitute a substantial change in the law?
- How does the change affect discussions in mediation, both now and after the effective date?
The panel members’ various perspectives regarding how the present statute is structured and how that impacts mediation -- as well as on the application of the new law -- are sure to generate a lively and controversial discussion on different ways to approach these topics in mediation.
In addition, new mandatory Orders, to be automatically in place when a Summons is filed, will be handed out to those in attendance, and we will discuss Orders’ impact on mediating couples.
Marital Arbitration: How and When to Use it to Support Mediation
When mediation stalls or fails, many couples obtain individual attorneys, and they often wind up litigating in court. Marital arbitration allows many couples to avoid the expense and emotional trials of litigation by referring stalemate issues to an arbitrator.
The speaker will discuss what types of cases are and are not appropriate for arbitration, the arbitration process used by the presenter, the benefits and possible drawbacks of using a ‘private judge’ rather than going through the (more formal) court system, and how mediators can use arbitration to salvage cases that seem headed for litigation.
Confidentiality and Privilege in Mediation
Mediators are subpoenaed for depositions and trial even though they are subject to obligations of confidentiality and the legal limitations of privilege, which are legislative, administrative and contractual. While mediators typically resist these subpoenas, there are various issues which can be the subject of testimony, and there are cases in which confidentiality and privilege have been waived or set aside in order to compel the mediator to testify.
We will explore the guidelines of confidentiality and privilege, and how to respond to subpoenas. We will also address how mediators may recoup their expenses and the value of their time and energies, if they resist subpoenas or if they are compelled to comply.
Interactive role play: Mediating with clients who present unusual challenges
From time to time, all mediators work with parties and couples whose individual characteristics and/or interpersonal dynamics leave us stumped as to how to effectively proceed in mediation. This innovative role-play workshop will present several different cases featuring dynamics that challenge the mediator and the process. The presenter-“mediator” will rely on audience members to offer creative suggestions on how to work these difficult and sensitive cases.
Continuing Legal Education: This Mini-conference is co-sponsored by FDMCGNY and NYSCDM. Up to 4 hours of CLE credit is available. Credits earned depend on sessions attended. There is no additional charge for CLE. NOTE: CLE certificates are printed in advance, so CLE credit may not be available for walk-in registrants.
NOTE: Space is limited and we expect a large turnout, so please register early.
Print out Registration Form Below:
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CUT ON DOTTED LINE CUT ON DOTTED LINE CUT ON DOTTED LINE CUT ON DOTTED LINE CUT ON DOTTED LINE CUT ON DOTTED LINE
Please send checks, payable to "NYSCDM", by December 3, along with this portion of the form (completed),
to: Sydell S. Sloan, 17-26 215th Street, Bayside, New York 11360.
Name(s) Phone_______________________________
Address______________________________________________________________________________
I am paying for (#) members, @ $60*. I am paying for (#) non-members, @ $75*.
* NOTE: There will be a $20 surcharge for registrations received after December 3 or at the door.
PLEASE NOTE: NYSCDM or FDMCGNY membership entitles attendees to pay the member price. If you are not currently a paid-up member of either organization, you may join or renew your membership on-site. If you become a member on-site, you may pay the member price for this Mini-Conference.
If you have questions, please contact Sydell Sloan at dellsy@aol.com.