In yesterday’s post, I noted what mediation is NOT. Well, this is what mediation IS: Mediation is a Conversation Put simply, the role of the mediator is to facilitate a conversation between the parties The mediator is not there to listen to testimony like a trial or arbitration. Albeit “heated” at times, a mediation session is conversation focused. Mediation Allows …
What is Mediation? What is it Not?
When I talk to folks about what mediation is, sometimes is easiest to explain what it is NOT first. I’m going to compare mediation to other forms of alternative dispute resolution. Litigation – Although mediation can be used in disputes between parties who are involved in litigation, the mediator is not acting like a judge, making a decision. Unlike trial, …
What is Mediation?
Mediation vs. Arbitration Mediation is oftentimes confused with arbitration. In mediation, a mediator acts as a neutral third party to help the parties reach an amicable resolution. Put simply, a mediator helps facilitate a conversation between the parties. A mediator is not a judge or a jury and does not make a decision for the parties. However, in some instances, …
Overview of “Sealed” Divorce Papers in New York
New York has stronger privacy laws with divorces when compared to other states. Under New York Domestic Relations Law (“DRL”) § 235, pleadings to a matrimonial action are sealed for 100 years (in other words, for your lifetime). Only the parties themselves or the attorneys’ of record may obtain the court files. However, the court may order for the divorce …
What do Farmers and Agri-Businesses Have to Say About Ag Lawyers?
Last month I conducted a survey for farmers, agribusinesses and food entrepreneurs about agriculture lawyers. The results were used in this presentation that I gave in Ohio on getting and keeping agriculture clients. This article on my JD Supra page offers a summary of the survey and my $0.02 on what it means for agriculture lawyers.
Listen to Me Talk Divorce & Divorce Mediation on the Russ Terry Show
I had a great time talking divorce and divorce mediation on Monday night on the Russ Terry Show: Live Your Best Life. You can listen to the hour show on dealing with divorce here. Want some quick and dirty tips instead? Listen to Russ Terry’s debrief with 5 Tips for Dealing with Divorce here.
Interview with M.A. Granovsky, Author of “Poison Pill”
I recently got a chance to interview Maria Granovsky, the author of Poison Pill. Maria is a patent litigator here in New York City. Like every area of the law, intellectual property (patents, trademarks, and copyrights) very much affects the food and agriculture industry. This book gives an inside look at patent litigation, from a big firm perspective. Maria uses her …
The Collaborative Divorce – The Right Fit For You?
Collaborative law is an alternative to a lengthy, expensive, and adversarial litigation process. Couples, with the assistance of their attorneys (and sometimes other professionals), make joint decisions regarding the dissolution of their marriage. In order for the collaborative process to work, both the husband and wife must agree to work effectively together to reach goals that satisfy both parties. Trust …
Spoke to Undergraduate Agriculture Career Class via Skype
Yesterday I had an opportunity to talk about being an agriculture lawyer to an undergraduate agriculture careers class in Wisconsin via Skype. I remember being that age and not really knowing what I wanted to do. To tell you the truth, I grew up looking up to Colleen Callahan and wanted to *be* her…with a career in agriculture journalism/communications. For …
Animal Law Mediation
I was recently asked whether I handle animal law mediation. And the answer is, “why yes I do.” I am a previous member of the New York State Bar Association Committee on Animals in the Law, New Jersey State Bar Association Committee on Animal Law, and the New York Lawyers’ Association Committee on Animal Law. I have also had …
What Happens in Mediation Stays in Mediation
Because of my work on the Rule 1:40-12 Roster of Civil, General Equity and Probate Action Mediators in New Jersey (and recent mediation training in New York), I was reviewing the New Jersey Uniform Mediation Act this week. I wanted to stress something to my readers that may or may not be clear: (almost) everything that happens during mediation is …
Fridays With Cari: Getting Divorced in New York
We’re here. The last Fridays with Cari webinar (in this series) will be on Friday, February 24th from 2-3pm. I will be giving an overview of the New York divorce process. I will briefly explain court procedures, stages in litigation, the differences between contested and uncontested divorces, grounds for divorce, no fault divorce law, conversion divorce, the Child Support Standards …