Family Mediation LLP

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 [...]

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 [...]

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 [...]

By Abby Tolchinsky and Ellie Wertheim September 7, 2007 It comes as no surprise to practitioners that, in a great many areas of the law, litigation has been overwhelming the courts’ dockets. Mediation programs have proved an effective way to provide relief. These run the gamut from court-mandated programs such as in the U.S. District [...]

By Abby Tolchinsky and Ellie Wertheim August 1, 2007 Mediation is a "consensual dispute resolution process in which a specially trained neutral third party helps disputants to identify issues, clarify perceptions and explore options for a mutually acceptable outcome."1 Within this broad definition three discernible methodologies have emerged: facilitative (sometimes referred to as directive); transformative; [...]

By Abby Tolchinsky and Ellie Wertheim May 1, 2007 Mediators in New York State are guided, but not bound, by a small number of Model Standards and ethics opinions.1 By the same token, there is strikingly little analysis of the mediator’s role as a neutral facilitator, which is the essence of what it means to [...]

By Joseph Berger, (original article) THE suburbs were built for happy families, for husbands and wives who faithfully show up for their children’s soccer games and invite the neighbors over for barbecues. Unhappy families, ”each unhappy in its own way,” as Tolstoy put it, are the ones that make the suburbs slightly uncomfortable. When a [...]

To the Editor: While “More Options to Answer ‘What About the Kids?’ ” addresses the impact of divorce on children and provides examples of creative solutions to parent arrangements, mediation is barely mentioned. Mediation best enables couples to reach agreements and protect their children from antagonisms and bad behavior often associated with the divorce process. [...]