Family Mediation LLP

For years, the conventional wisdom in the mediation community has dictated
that there are cases for which mediation is not indicated. Among the
traditional red flags that would preclude participating in a mediation are
substance abuse, for example, or mental illness. And, most commonly cited,
mediation is inappropriate for cases in which there has been domestic
violence. The common characteristic each presents is a likely power
imbalance-one that cannot be effectively addressed or corrected by the
mediator.

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]