Family Mediation LLP

New York is on the brink of having three new matrimonial law provisions: no-fault divorce, post-marital income guidelines, and counsel fees.

By Abby Tolchinsky and Ellie Wertheim
There are many goals in the restorative justice movement for individuals who choose to partake of any of the range of programs or dialogues. First and foremost, the movement is founded on human connection. That is, victims actually have an opportunity to address the perpetrator directly regarding the incident between them. This creates not only an understanding of the other’s perspective, but also a process by which the victim may come to understand ways in which his behavior may have made him vulnerable to becoming a crime victim. From the offender’s perspective, there is the prospect of truly understanding the human effects of his actions

By Abby Tolchinsky and Ellie Wertheim
This column is the third in a series about mediating during an economic recession. We have focused on two general facets: the impact to litigants and to the mediation process itself. In this column, we explore a unique program, offered in Manhattan Civil Court, geared toward consumers with mounting debt and creditors seeking to recoup monies they have loaned.

By Abby Tolchinsky and Ellie Wertheim
In May, we wrote about the role of mandatory mediation in helping to resolve the national foreclosure crisis. The article noted that the recession’s effect on home ownership and on neighborhoods has given rise to innovative programs in which borrowers and lenders negotiate directly with each other.
But, this is hardly [...]

By Abby Tolchinsky and Ellie Wertheim
As the federal government continues to grapple with the recession, and the housing crisis in particular, mediation is emerging as a productive tool for both borrowers and lenders. According to the Mortgage Banker’s Association, one in 10 homeowners is either delinquent on their mortgage payments or already in the process [...]

By Abby Tolchinsky and Ellie Wertheim
In much the way practitioners have used mediation to defray clients’ costs and relieve over-burdened court dockets, they recently have been expanding the use of collaborative practice for the same goals.
This article explores the role of mediation in collaborative practice: an alternative dispute resolution process that has expanded dramatically in [...]

By Abby Tolchinsky and Ellie Wertheim
July 29, 2008
More and more courts and legislatures are turning to mediation. Public policy, easing the burdens of overcrowded dockets, and recognizing the personal relationships underlying particular types of cases are among the factors contributing to this phenomenon.
This article concerns itself with the voluntary nature of these mediation sessions. In [...]

By Abby Tolchinsky and Ellie Wertheim
May 09, 2008
Is a mediated agreement as viable and enforceable as a settled litigation agreement? Because mediation is a process without procedural safeguards, there may be an added layer of concern as to whether the resulting agreements will hold up over time.
Ironically, it is the personal input from the parties [...]

By Abby Tolchinsky and Ellie Wertheim
February 20, 2008
In recent weeks, the alternative dispute resolution (ADR) community in New York has been abuzz with lively discussions about the effect of mental illness on parties’ ability to participate in mediation.
The community seems to fall into two distinct camps: those who take the position that the mediator, [...]

By Abby Tolchinsky and Ellie Wertheim
November 13, 2007
Our most recent column (New York Law Journal, Sept. 7, 2007, “When Neutral Mediator May Be Advocate for One Party,” at p. 3), touched on the value of confidentiality provisions for mediators and for parties to mediation.
Specifically, we explained how these provisions foster an atmosphere conducive to the [...]