“mediation mastery” at the njapm annual conference ... · civil case management training...

NJAPM Mediation News, Vol. 18, Issue 1, Fall 2013

1

NJAPM Annual Conference

Editor’s Column …………... Page 2

President’s Message……... Page 3

Seven Habits of Highly

Effective Mediations…….... Page 4

Child Support for the

Special Needs Child…….... Page 5

30 Mediation Websites…… Page 6

Cognitive Depletion………. Page 7

Conflict @ End of Life……. Page 8

NJAPM Peer Groups……… Page 9

Family Case Law Update… Page 10

Education Committee…….. Page 12

Membership Report……….. Page 13

Committee List ……………. Page 14

Photo Gallery…………….… Page 15

General Meetings & 40-Hr

Divorce Training Photos…. Page 16

New Jersey Association of

Professional Mediators

26 Park Street, Suite 2041

Montclair, NJ 07042

Volume 18, Issue 1

Fall, 2013

Inside This Issue

Upcoming NJAPM Events

NJAPM GENERAL MEETINGS (6-8:30 PM) New Jersey Law Center, New Brunswick

12/18, 1/15/14, 3/19, 4/23, 5/21, 6/18 40-HR DIVORCE MEDIATION TRAINING Forsgate County Club, Monroe Township

All Day, 10/19, 10/20, 10/26, 10/27, & 11/03 BASIC CIVIL MEDIATION TRAINING Rutgers Labor Center, New Brunswick All Day, 10/20, 10/21, 11/03, & 11/04 8-HOUR BASIC SKILLS MEDIATION

Crowne Plaza, Monroe Township, 11/07 PRE-CONFERENCE WORKSHOP/ RUNDE

New Jersey Law Center, New Brunswick 11/15, 9 AM — 3 PM

NJAPM ANNUAL CONFERENCE The Imperia, Somerset, 11/16, All Day

CIVIL CASE MANAGEMENT TRAINING Rutgers Labor Center, New Brunswick

12/12, 12:30 PM — 5 PM Please Visit Our Website For Updates

& 2013 –2014 Schedule www.njapm.org 800-981-4800

W ant to take your media-tion skills to the next

level? NJAPM confer-

ence co-chairs, Felicia Farber and

Bruce Waltuck, are featuring three of the most talented leaders in the

dispute resolution field at the

NJAPM annual conference to be held on Saturday, November 16th at

The Imperia in Somerset.

The conference is entitled “Mediation Mastery.” NJAPM

President, Marvin Schuldiner, says

that this year’s presentations will be

“highly interactive, extremely infor-mative and most enjoyable.”

Dr. Jennifer Beer, a Wharton

School (PA) professor and co-author of the popular The Media-

tor’s Handbook, has led mediation

trainings, conflict resolutions and negotiations worldwide. She will

teach practitioners the craft and

skills to reach mastery in mediation.

Craig Runde, Director of the Center for Conflict Dynamics at

Eckerd College (FL) and co-author

of Developing Your Conflict Com-petence will address key skills that

can help mediators and their clients

manage and resolve conflict more

effectively from a cognitive, emo-tional and behavioral perspective.

Michelle James (DC area), an expert on teaching applied improvi-

sational skills, will share her knowl-

edge on improv techniques that can

be used in conflict resolution. Additionally, Felicia Farber, and

NJAPM colleague, Robert Lenrow,

will present on ethics issues in con-flict resolution.

As a bonus, attendees will receive

free copies of Jennifer Beer’s and Craig Runde’s previously mentioned

books. The authors will also be

available for book signings.

NJAPM is also offering a pre-conference workshop on Friday, No-

vember 15th from 9AM to 3PM fea-

turing Craig Runde, at the New Jer-sey Law Center in New Brunswick.

He will show attendees how to use

the Conflict Dynamics Profile (CDP) instrument. Upon completing the

workshop, attendees will receive

their Certification in the CDP

The confer ence and pre-conference workshop qualify for

New Jersey continuing legal educa-

tion and ethics credits, and are open to all interested participants. There

is a discount for attendees who sign

up for both events. For more infor-

mation or to register, please visit our website at www.njapm.org.

“Mediation Mastery” at the NJAPM Annual Conference, November 16

2


Newsletter Editor

Anju D. Jessani, MBA, APM

Newsletter Photographer Carl J. Cangelosi, JD, APM

NJAPM Officers

President Marvin Schuldiner, MBA, APM

Immediate Past President Carl J. Cangelosi, JD, APM

Executive Vice President

Anna-Maria Pittella, Esq., APM

Vice President Andrew Smith, Esq., APM

Treasurer

James Marlow, CFP, MSc, MDR, MBA, JD

Secretary Jennifer Brandt, Esq., APM

NJAPM Directors

2011-2014 Jerald Harvey, APM

Donald Vanarelli, Esq., APM

2012-2015 Patricia Bell, MBA, CFP, APM

Nicholas DeMetro, Esq., APM

2013-2016 David Leta

Carl Peters, PE., LS

NJAPM 26 Park Street, Suite 2041

Montclair, NJ 07042 800-981-4800

E-mail: [email protected]

Website: www.njapm.org

Editor’s Column by Anju D. Jessani, MBA, APM

Membership in NJAPM is open to all interested individuals with annual new member dues of $100 prorated. The views expressed in this newsletter reflect the opinions of individual contributors and do not necessarily reflect the opinions of NJAPM. Please contact the Editor at ajessani@dwdmediat ion.org for permission to reprint articles, and for submission of manuscripts for publication. We reserve the right to edit copy submitted. All rights reserved. Copyright © 2013 NJAPM.

I ’m writing this column on the eve of my return from the

Academy of Professional Fam-

ily Mediators conference in Denver

held on October 3rd — October 5th. Carl Cangelosi and I presented a

workshop on divorce mediation

training. In my sixteen years of mediation practice, this was my

first conference beyond the New

York area. There were attendees from all over North America as

well as Europe; that made the con-

ference even more fascinating.

I came back from the APFM conference with renewed enthusi-

asm for the mediation profession,

and for our shared values of coop-eration, conciliation and collegial-

ity. If you have not attended an

international mediation forum, I urge you to make this one of your

resolutions for 2014.

Turning to NJAPM news, our

fiscal year started on October 1, and with that, we saw changes to the

NJAPM boa r d t ha t Mar v

Schuldiner outlines in his column. This issue of the newsletter features

the announcement of our annual

conference. Conference co-chairs,

Felicia Farber and Bruce Waltuck have planned an exciting day fea-

turing three expert presenters, and

have also included a pre-conference workshop.

NJAPM members have provided

some timely and interesting articles: - Leanne Pike Treese outlines The

Seven Habits of Highly Effective

Mediations.

- Linda Spiegel discusses Child Support for the Special Needs

Child: What a Divorce Mediator

Needs to Know. - I have provided links to 30 me-

diation related websites that I hope

you find helpful.

- Alan Ehrlich outlines the theory of cognitive depletion and its implica-

tions for mediations and mediators.

- Terri Reicher includes Part I of her

article entitled Conflict at the End of Life.

- There are great photographs from

events that illustrate the vitality of NJAPM.

Our regular NJAPM columnists

have provided important information: - Katherine Newcomer updates the

NJAPM peer group contact list and

location information.

- Carl Cangelosi provides summaries of recent family law cases.

- Risa Kleiner and Anna-Maria Pit-

tella talk about the expanded NJAPM education committee and how you

can get involved.

- Melissa Fecak and James Hamilton share their ideas on the role of the

membership committee to retain cur-

rent members and attract new mem-

bers. On page 14, you will find a list of

NJAPM committees chairs. Every

member should serve on a commit-tee. Make contact today!

Thanks to all our contributors.

Without content, we would not have

anything to publish. Members — we really welcome your contributions,

and are very open to different views.

So, if you have an idea for an origi-nal article between 600 and 1200

words, please email me a one

paragraph proposal. Please also email me photographs from NJAPM

events. My email address is

[email protected].

Mediation

News A Publication of the

New Jersey

Association of

Professional

Mediators

Anju D. Jessani, MBA, APM, served as NJAPM president from 2005-2007. Her practice, Divorce with Dig-nity Mediation Services, has offices in Clinton and Hoboken. She can be reached at www.dwdmediation.org.


3

Message from the President by Marvin Schuldiner, MBA, APM

N JAPM is an active and dy-namic organization; change

and growth is part of our

existence. So what is happening in

your organization? Earlier this year, NJAPM submit-

ted a bid in partnership with Media-

tion Case Managers, a Florida com-pany to administer the Storm Sandy

Mediation program ordered by the NJ

Department of Banking and Insur-ance utilizing our qualified member

mediators. While we did not win the

bid, we were able to work with the

bid winner, the American Arbitration Association (AAA), to place our in-

terested and qualified members on

AAA’s Sandy mediation roster. The program administrators at AAA have

complimented me on the quality of

the mediators from NJAPM. Thanks to Bob McDonnell, Peter Scarpato,

Larry Tobias and Dave Leta for their

work on the bid and thanks to Rick

Steen who helped initiate the rela-tionship between AAA and NJAPM.

The NJAPM Board of Directors

approved an updated set of qualifica-tions to attain Accredited Profes-

sional Mediator status including al-

lowing for a waiver of an advanced

degree in the application process and reducing the number of experience

hours needed for civil accreditation.

The modifications to the accredi-tation qualifications resulted from

lengthy discussions and debates. Me-

diators are generally not subject to any regulation or qualification in

New Jersey. Anyone can hang a

shingle and call himself or herself a

mediator. Accreditation is a way to show clients that you have a certain

level of accomplishment, which is a

proxy for quality and effectiveness. The updates to the standards should

more meaningfully reflect that proxy.

Thanks to Nick DeMetro and Jerry Harvey for spearheading this effort.

Our website and listserver are

undergoing a major update for an

fall re launch. Our website was ini-tially developed around 2001 and

was updated in 2008. The 2008 up-

date added functionality such as online registrations for events and

memberships. After five years,

though, the site looks dated. We also tried to serve too many target

markets with one website. The up-

dated website will feature a custom

template and use subdomains to focus content towards members, for

people looking for mediation train-

ing (or to become a mediator), for divorce and family mediation cli-

ents, and for business and com-

mercial mediation clients. In addition, we are upgrading

our listserver management software

from ezmlm (stable but last updated

in 1997) to LISTSERV®, the origi-nal and still industry leader. The

added functionality will include an

unsubscribe link in each email, abil-ity to receive daily digests, subtop-

ics and more. Our website and

listserver are among NJAPM’s

most valuable assets and we are moving to make them even more

useful.

A bill criminalizing certain as-pects of mental health practice re-

cently passed the NJ Legislature.

The bill as originally drafted pre-sented concerns that mediators

might fall into the net cast by the

bill. NJAPM got involved and

while we did not get the exact lan-guage we sought inserted in the bill,

the amended language appears to

cover our concerns. The bill is cur-rently on the governor’s desk.

October 1st of each year starts

NJAPM’s year. This means we bid

farewell to some board members and officers and welcome new ones. De-

parting the board is secretary Risa

Kleiner and directors Katherine New-

comer and Elaine Goldsmith. Anna Delio had previously left the board to

take a position with the court. For the

2013-2014 year, Anna-Maria Pittella steps up to executive vice president,

Andrew Smith moves up from direc-

tor to vice president, and Jennifer Brandt joins the board as secretary.

In addition, we welcome Patricia

Bell, David Leta, and Carl Peters as

new directors. I thank Risa, Kathe-rine and Elaine for the time and effort

they put towards NJAPM. They have

all made a difference and thankfully, they will all stay involved in the or-

ganization’s leadership via various

committees. As I have mentioned before,

NJAPM is only as strong as its mem-

bers. We do not pay our members for

their service to the board or commit-tees, we have no employees or office,

yet we accomplish a lot. All this is

realized via volunteers. I ask you to volunteer your time. Find a commit-

tee on our website that interests you

and contact the committee chair. You

will gain as much as you give.

Marvin Schuldiner, MBA, APM is NJAPM president. He practices civil, divorce and elder mediation state-wide from his office in Franklin Park, NJ. He also serves as NJAPM’s di-rector of civil mediation training.

4


The Seven Habits of Highly Effective Mediations by Leanne Pike Treese, Esq.

I am an advocate of books pro-moting personal excellence and

often think about how the infor-

mation in them might assist my cli-

ents. Steven Covey’s bestselling book, The Seven Habits of Highly

Effective People, provides a life-

changing framework for living neatly packaged into seven habits. I am

convinced that clients and mediators

who apply these habits to the media-tion process will make better agree-

ments with less emotional upheaval.

In the introductory chapter, Covey

includes an exercise involving a pic-ture of what appears to be a beautiful

young woman looking away, wearing

a pearl necklace. However, if viewed from a different perspective, it could

also be a picture of an old woman

with a large nose, wearing a shawl.

This exercise is intended to dem-

onstrate how two people can have opposing views and yet both be right.

The idea that two people can see the

same issue differently without the connotation that one is “wrong” is a

core mediation concept.

As far as the habits, here they are

in turn: Habit One — Be proactive: In this

chapter, Covey emphasizes personal

integrity and accountability. He en-

courages readers to focus on their circle of influence — things they can

control, instead of their circle of con-

cern — things outside of their con-trol. This can be accomplished by

choosing thoughtful responses in-

stead of reactive statements, keep-

ing all promises and commitments, and not dwelling on past mistakes. Habit Two — Begin with the End

in Mind: In this chapter, Covey

invites readers to visualize their funeral three years from now. Who

would you want to be there? What

would you want to be said about

you? This exercise is intended to help readers focus on their goals

and values. From the perspective of

divorcing clients, creating a clear blueprint for the future provides

structure and purpose to the nego-

tiations. Habit Three — Put First Things First: Covey advocates that read-

ers proactively schedule their time

around priorities. Often, clients

spend valuable time and energy arguing about issues which are not

priorities for either of them. Identi-

fying priorities at the outset may help refocus matters when raw

emotions prevail. Habit Four — Think Win-Win:

Covey explains that the win-win

paradigm is focused on mutually beneficial and satisfying resolu-

tions. Covey references the well-

known negotiation book “Getting to Yes” as a component of this chap-

ter. In sum, win-win solutions are

generated from a focus on interests

(increased parenting time) instead of positions (equal time or court!). Habit Five — Seek First to Un-

derstand and Then to Be Under-

stood: As part of this habit, Covey discusses the need to understand the

viewpoint and position of another

before seeking to be understood

yourself. He makes clear that under-standing is not the same as agreement

but such open communication will

often give rise to better and more mu-

tually satisfying agreements. Habit Six — Synergize: Covey ex-plains that synergistic communica-

tion involves keeping your mind

open to new alternatives. Willing-ness to consider creative solutions

can move parties toward a coopera-

tive agreement. Habit Seven — Sharpen the Saw:

Covey stresses the importance of re-newal. From the perspective of a

divorce, renewal may come in the

form of giving additional time for clients to digest the positions of the

other party and clarify their own

goals.

* * * * *

In sum, the ideal would be that divorcing clients might adopt these

principles, making way for better and

longer-lasting agreements. In reality, emotions often run too high for this

to be possible. By adopting the

“Seven Habits” as mediators, we can

steer the process toward respectful and creative resolutions with are con-

sistent with the parties priorities and

goals.

Leanne Pike Treese, Esq., is an experienced attorney licensed in New Jersey and Pennsylvania. Her Pen-nington, New Jersey practice is de-voted to the amicable resolution of matrimonial disputes. Her website is www.leannetreeselaw.com.

Image from www.moillusions.com


5

Child Support for the Special Needs Child: What a Divorce Mediator Needs to Know by Linda F. Spiegel, Esq.

A mong the first questions a mediator asks a couple is if

they have children and if

they do, whether or not any of the

children have special needs. If the answer is yes, more ques-

tions are used to determine the spe-

cific special need and what is cur-rently being done by the parties, or

others, to assist the special needs

child (and the related costs). However, if the answer is no, the

mediator needs to probe more deeply

and not take “no” at face value:

1. Ask if any of the children are

taking medications on a regular

basis. If yes, ask the name of the medication and the reason for the

prescription. Ask if any of the

children are in therapy. If yes, ask the type of therapy and the

reason the therapy was recom-

mended and initiated.

2. Ask if any of the children have

an Individual Education Plan

(IEP) at school. If yes, ask if both parents are familiar with the

plan (sometimes that is not the

case). Ask if there is a benefit to reviewing the plan in mediation.

Even if the answer is no to the

IEP, ask if any of the children

have any issues at school such as poor grades, behavior problems

or social problems.

3. Ask if any of the children have

limitations on their daily activi-

ties. If yes, what are the limita-

tions and how have the limita-

tions been addressed?

Answers to these questions will allow the mediator to determine

whether or not there is a child with

special needs, even if the parents do

not describe their child in that man-ner, or deny they have a child with

special needs.

Identifying Pre- and Post-Divorce

Extra Costs for Children’s Spe-

cial Needs Once the mediator has deter-

mined that there is a child with spe-

cial needs, the mediator needs to

ask questions so the parents can gather information regarding the

general medical and psychological

information about the particular special need and how the child’s

special need impacts the family fi-

nancially. Ask specific questions regarding

the cost of caregivers, health insur-

ance, out-of-pocket prescription

costs, non-covered medical costs, modifications of the family home

and vehicle. All this information is

necessary in reaching a financial outcome for the parties which will

take into account the best interest of

the child. Consultation with a fi-nancial planner who is a specialist

in special needs is helpful.2

After meeting with the parties

and possibly the financial planner,

the mediator should now have a list of costs pre-existing the divorce as

well as a projection of costs subse-

quent to the divorce to meet the

child/children’s special needs.

Types of Costs for Children with

Special Needs A typical list may include

“therapy, equipment, medications,

supplements, dietary costs, sensory items, respite care, professionals,

modifications to the home environ-

ment, transportation to out-of-town hospitals or sources of treatment or

care, extra laundry, babysitting of

siblings while the needs of the spe-

cial needs child are being addressed” and adult assistance to complete ac-

tivities of daily living such as

“toileting, eating, bathing, grooming, dressing, communicating, mobility

and behavior management.”3

Special Needs’ Costs, Income and

Child Support

This current and projected extra

costs to address a child’s special

needs, together with the household income and any governmental assis-

tance available to the parties for their

special needs child, will allow the mediator to discuss child support in a

value added and meaningful manner

with the clients.

End Notes:

1. Jeff Howe, Paying for Finn: A

Special Needs Child, http:/

money.cnn.com/2013/05/01/pf/

aut i sm- co s t s .moneymag /

index.html 2. For example,

www.specialneedsplanning.com 3. Margaret Price, Special Needs

and Disability in Custody Cases: The Perfect Storm, 46 Family

Law Quarterly 177 at 18

(Summer 2012)

“A quarter of U.S. households have

a member with special needs. More

than 8% of kids under 15 have a

disability, and half of those are

deemed severe.”1

Linda F. Spiegel, Esq. is an experi-enced attorney, mediator and arbitra-tor licensed in New Jersey and New York. Her office is located in Hack-e n s a c k . H e r w e b s i t e i s www.SpiegelLawFirm.com. She also maintains a blog at

http://divorcemediationnj.wordpress.com/.

6


30 Mediation Websites / Web Resources Compiled by Anju Jessani, MBA, APM

1. www.acrnet.org: Association for

Conflict Resolution. Dedicated to ad-

vancing the practice and understanding

of conflict prevention and resolution.

2. www.adr.org/: American Arbitration

Association. The association manages

ADR cases thru mediation and/or arbi-

tration. The site has rules for many dif-

ferent ADR rules.

3. www.afccnet.org: Association of

Family and Conciliation Courts. An in-

ternational association concerned about

and working with family courts.

4. www.apfmnet.org: Academy of Pro-

fessional Family Mediators. Interna-

tional association for family and divorce

mediators.

5. www.asianmediationassociation.org:

AMA members provide the infrastruc-

ture for conflict management and dispute resolution for disputes in Asia, or with

businesses in Asia.

6. www.divorcesource.com. Has infor-

mation on state divorce laws, mediation

information and practitioners in family

law and mediation..

7. www.bbb.org: Better Business Bu-

reau. BBBs provide dispute resolution help to resolve complaints between cus-

tomers and local businesses.

8. www.cicr-icrc.ca: Canadian Institute

for Conflict Resolution. Provides train-

ing and intervention programs.

9. www.courts.state.md.us/macro/:

MACRO: Maryland Mediation and Con-

flict Resolution Organization, the agency

that is the ADR resource of Maryland.

10. www.cpradr.org: International In-

stitute for Conflict Prevention & Resolu-

tion. Helping global business and their

lawyers resolve complex commercial

disputes

11. www.eeoc.gov/eeoc/mediation/index.cfm: US Equal Opportunity Em-

ployment Commission. Info on EEO

program to adjudicate complaints of

employment discrimination through me-

diation.

12. www.mediationeurope.net: The

European Mediation Network Initiative.

It has members from more than 30 dif-

ferent European countries and serves as

an international exchange of mediation

information.

13. www.finra.org: Providing arbitra-

tion and mediation for securities related

disputes.

14. www.fmc.ca: Family Mediation

Canada. National membership and

training organization for family and

divorce issues..

15. www.fmcs.gov: Federal Mediation

and Conciliation Service. Agency of

United States Government that handles

mediation and arbitration of labor dis-

putes and contract negotiations.

16. www.iama.org.au: Institute of

Arbitrators & Mediators Australia. This nation's largest, independent and

most experienced arbitration and me-

diation service.

17. www.iamed.org: International

Academy of Mediators. Defines stan-

dards and qualifications for the profes-

sional mediator of commercial disputes.

18. http://www.jamsadr.com: Was Judicial Arbitration and Mediation Ser-

vices, Inc, now called JAMS, The

Resolution Experts. Roster of retired

judges and attorneys providing ADR

services.

19. www.judiciary.state.nj.us/civil/

medipol.htm: New Jersey Judiciary

website, civil mediation resources.

20. www.hamline.edu Hamline Uni-

versity School of Law, Dispute Resolu-

tion Institute. Offers cross-disciplinary

examination conflict theory for law

students, lawyers, and other profession-

als.

21.http://law.pepperdine.edu/straus/

Straus Institute for Dispute Resolution

at Pepperdine University School of Law. Leading educational institution in

the field of dispute resolution offering

Certificate, Master's (M.D.R.) and

LL.M. in Dispute Resolution.

22. http://law.missouri.edu/csdr/

Center for Dispute Resolution, University

of Missouri Law School. Offering an

LLM in Dispute Resolution.

23. www.leadr.com.au: LEADR is a

not-for-profit organization with more

than 2700 members in Australia, New

Zealand and the Asia Pacific region.

24. www.mediate.com. Offers the

world's leading directory of mediators

plus over 11,000 articles, news items and

videos.

25. http://moritzlaw.osu.edu/programs/

adr/about.php: Ohio State University,

Moritz School of Law, Program on Dis-

pute Resolution. Trains future lawyers in

ADR processes.

26. www.nafcm.org: National Associa-

tion for Community Mediation. A mem-

bership organization comprised of com-munity mediation centers, their staff and

volunteer mediators.

27. www.nlrb.gov: National Labor Re-

lations Board. Independent federal

agency vested with the power to safe-

guard employees' rights to organize.

28. www.njapm.org: New Jersey Asso-

ciation of Professional Mediators: New

Jersey mediation organization

29. www.pon.harvard.edu: Program on

Negotiation, Harvard Law School. Inter-

disciplinary research center dedicated to

theory and practice of negotiation and

dispute resolution.

30. www.voma.org: Victim/Offenders

Mediation Association. National organi-zation working in the area of restorative

justice.

Anju D. Jessani, MBA, APM served as NJAPM president from 2005-2007. Her practice, Divorce with Dig-nity Mediation Services, has offices in Clinton and Hoboken. She can be reached at www.dwdmediation.org.


7

W e’ve all experienced it - the tiredness, the inability

to focus, the feeling that

your brain has had too much and all

you want to do is get a little sleep. It happens after listening to a lecture on

a complex new topic, especially when

an unfamiliar vocabulary is being used. It can happen to you or your

clients after a lengthy and complex

day of negotiation. Defining Cognitive Depletion

It is mental or decision fatigue, and is part of an overall cognitive

issue called cognitive or ego deple-

tion that is attributed to social psy-chologist, Roy Baumeister. His the-

ory – now well documented — says

that we all have a limited amount of emotional or cognitive energy that we

use with each activity that requires

self-control. Once you’ve depleted

that reservoir of willpower, you have less to use on other activities that re-

quire self-control.

Cognition depletion can affect one’s judgment, decision making,

spending and attitude. Sometimes we

are aware of cognition depletion, but most of the time we are not. When

we look back on some of the poor

decisions we made, it may be diffi-

cult to identify a specific reason or cause for the poor decision.

Cognitive depletion is one of the

reasons why after a tiring day, you may not feel like going to the gym, or

why after sticking to your diet per-

fectly for a couple days, you ulti-

mately end up eating a pail of wings and down them with a few beers.

We don’t often associate the act of

listening with the depletion of self-control, but especially in mediation or

negotiations, self-control is a critical

factor, and its depletion can lead to ineffective listening and poor deci-

sion making.

Study of Eight Parole Judges Daniel Kahneman, a psycholo-

gist and Nobel Laureate, writes in

his book Thinking, Fast & Slow,

“A disturbing demonstration of de-pletion effects in judgment was re-

cently reported in the proceedings

of the National Academy of Sci-ences.” The unwitting participants

in the study were eight parole

judges in Israel. They spend entire days reviewing applications for pa-

role. The cases were presented in

random order, and the judges spend

little time on each one, an average of six minutes.

The default decision is denial of

parole; only 35% of requests are approved. The exact time of each

decision is recorded, and the times

of the judges’ three food breaks - morning break, lunch and afternoon

break - during the day are recorded

as well.

The authors of the study plotted the proportion of approved requests

against the time since the last food

break. The proportion spikes after each meal, when about 65% of re-

quests are granted. During the two

hours or so until the judges’ next

feeding, the approval rate drops steadily, to about zero just before

the meal. As you might expect, this

is an unwelcome result and the au-thors carefully checked many alter-

native explanations. The best possi-

ble account of the data provides bad news: “Tired and hungry judges

tend to fall back on the easier de-

fault position of denying requests

for parole. Both fatigue and hunger probably play a role.” Effects of Cognitive Depletion

Cognitive depletion has been

linked to a low level of glucose in the brain.

Whether it’s reading case studies or listening in a stressful situation,

cognitive depletion has real perform-

ance effects including:

• Reduction of logic, reasoning, cognitive extrapolation and

complex thinking capabilities

• Reluctance to make trade-offs • Reduced ability to negotiate —

even with yourself

• Increased risk of false memories and suggestibility,

• Inclination to take the easy way

out

• Trust issues

Recommendations for Mediators

To help you and your clients from

entering the state of cognition deple-tion, consider scheduling your ses-

sions earlier in the day. Also, keep

your sessions to a reasonable time and avoid the temptation to ‘keep

going’ because you’re really close to

a settlement. That settlement might

not look as good after a little rest, or you might not end up reaching a set-

tlement after all.

Keep a pitcher of lemonade on the table along with some candy;

they just might provide the mental

energy needed to maintain a level of

critical thinking and avoid making bad decisions.

Finally, stay aware of your own

and the clients state of cognition de-pletion, and keep your calendar

handy so you can schedule another

session, if necessary.

The Dangers of Cognitive Depletion in Mediation by Alan R. Ehrlich, CLP

Alan R. Ehrlich, CLP (Certified Lis-tening Professional), is the founder of The Center for Listening Disorders Research, Inc., and also serves as the immediate past president of the International Listening Association. For more information, visit Alan at http://listeningdisorders.org, or email him at [email protected].

8


Conflict at the End of Life, Part I: The “Legal” Community’s Response by Terri Roth Reicher, JD, LLM

A mericans are living longer than ever before. Medical

technology has often out-

paced the legal system’s ability to

respond to these advances. However the legal system has made strides to

meet the demands of medical sci-

ence. In this article, I discuss a com-monly used document, namely ad-

vance directives, to allow patients’

wishes to be voiced.

Evolution of Advanced Directives

As our loved ones age, an elder

often executes a durable power of attorney for assistance with financial

matters. The banks, insurance com-

panies and other institutions have long dealt with a trusted family

member or friend who possesses a

“power” to assist in handling money. Unfortunately, there are numer-

ous tales of those who have been

given such a power and exploited it.

Though the angst created by mone-tary disagreements can be signifi-

cant, it can seem trivial compared to

the struggles associated with the dif-ficult medical decisions that can be

faced at the end of life.

Advance directives evolved from

a seminal US Supreme Court deci-sion. Thirty years ago, Nancy Cruzan

was in a coma resulting from a hor-

rific car accident. She was diagnosed as being in a persistent vegetative

state. The State of Missouri chal-

lenged her family’s ability to request withdrawal of life support. In 1990,

the US Supreme Court held that a

state may require “clear and convinc-

ing evidence” of an incompetent’s wishes as to the withdrawal of life

sustaining treatment.

The advent of advanced direc-tives, commonly referred to as living

wills, was an attempt by the states to

produce a legal document that would

constitute “clear and convincing evidence” in their jurisdiction. The

various advance directive statutes

throughout the country are similar.

Though they may vary as to for-malities, substantively they usually

provide two distinct parts: a n i n -

struction directive announces ones basic philosophy as to the medical

treatment they desire; and a proxy

directive designates a spokesperson to act on ones behalf in dealing with

the medical team, in the event that

one can no longer speak for himself.

Potential Sources of Conflict

In completing an advance direc-

tive there are a number of places that conflict may predictably arise.

For instance, NJ does not allow for

a “committee” of spokespersons and only provides for one health care

representative to be the direct link to

the medical team. Several alternate

representatives may be named in the event that the primary designee can-

not serve.

If the advance directive is being prepared within the context of an

entire estate plan, an attorney may

suggest that tasks be divided. A

financial representative can be named as an executor of a will, a

trustee of a trust, or a holder of a

power, whereas another individual can be named as a medical represen-

tative.

While no two family circum-stances are the same, conflict may

be lessened if a health care repre-

sentative has familiarity with a

medical setting and medical jargon. Geography comes into play as well.

Ideally your health care proxy is

local such that they can be present at the bedside. However, it is impor-

tant to note that often advance direc-

tive forms are secured from the

clergy or a local hospital. One need not hire an attorney to

complete this legal document, but

serious consideration must be given

to who is chosen as the health care representative.

The implementation of one’s

wishes announced in an advance di-rective is often a source of conflict,

too. If a patient is incapacitated such

that the medical team is looking to this legal document for direction, it is

understandably a highly emotional

time.

Frequently, the patient has com-pleted the document without discuss-

ing his wishes with his representative.

Occasionally, the beliefs of the pa-tient do not coincide with the wishes

of the representative. Moreover, the

proxy might be challenged by loved-ones.

A bioethics consult may be re-

quested to help resolve the dispute.

This is performed by a multi-disciplinary committee, which is con-

vened by the hospital in order to gain

consensus regarding the treatment for the patient.

Fifteen Years After Nancy Cruzan,

Terri Shiavo Despite their acceptance in the

medical and legal community, studies

have shown that advance directives are not widely used. Fifteen years

after Cruzan was announced, the

courts in 2005 in the Terri Schiavo case still struggled with a prolonged

legal battle, this time between a pa-

tient’s parents and husband. Schiavo,

like Cruzan, was a young woman without an advance directive who lay

in a persistent vegetative state for

seven years.

(Continued on page 9)


9

NJAPM Peer Groups by Katherine Newcomer, Esq. (Retired)

E xperienced mediators share their insights on difficult cases. You do not need to be a member of NJAPM to attend these meetings. There

are no fees to attend. Each attendee pays for his/her meal.

Contact the group leader to confirm meeting time and location. If there is

no group close to you and you would like to form a peer consultation group, please contact me, in my role of chairperson of NJAPM peer mediation groups

at 908-439-9140 or [email protected].

Bergen: Divorce lunch, 1st Wednesday of the month,12:30 PM to 2 PM,

Maggiano's Little Italy, 390 Hackensack Avenue, The Shops at Riverside, 70 Riverside Square, Hackensack. Civil lunch, 3rd Tuesday of the month from

12:30 PM to 2 PM at Houlihan’s, 65 Route 4 West, Paramus. Contact Robert

J. Lenrow, Esq., APM, 201-986-1821, [email protected].

Camden/Burlington/Gloucester/South Jersey Group: Lunch at Noon on

the first Wednesday of the month at Ponzio’s Diner on Rte. 38 in Cherry Hill.

Contact William H. Donahue, Jr., Esq., APM, 609-238-9245, whdona-

[email protected].

Mercer: Lunch meetings normally alternate between the Olive Garden on

Route 1 South, near Mercer Mall and members’ offices. Contact Gabrielle L.

Strich, Esq., APM, 609-924-2900, [email protected].

Middlesex/Union: Lunch at Empire Asian Fusion, 35 Main Street, Metu-chen from 12:30 PM to 2 PM. Each month on a Thursday. Contact Marvin

Schuldiner, MBA, APM, 732-963-2299, [email protected].

Monmouth/Ocean: Lunch at TGI. Friday's, 3492 U.S. 9 Freehold Town-

ship, 1st Monday of the month at 11:30 AM. Contact David Leta 732-458-6674, [email protected].

Morris County: Lunch at 12 Noon at Hunan’s Restaurant, the second

Wednesday of the month. 255 Speedwell Avenue, Morris Plains. Contact

B e v e r l y & G e o r g e H a y s , APM s , 9 7 3 - 5 3 9 - 5 2 4 2 ; [email protected].

Somerset/Hunterdon/Warren: Breakfast at 8:30 AM, the second Tues-

day of the month at the Readington Diner, 452 Route 22 West, Readington. A

lunch meeting is held at 11:45 AM on the last Tuesday of every other month starting in September, at Panera in Basking Ridge, 25 Mountain View Boule-

vard, Basking Ridge. Contact Katherine G. Newcomer, Esq. (NJ Retired),

908-439-9140; [email protected].

Katherine Newcomer, Esq. (Ret.) operates Equality Mediation. She provides divorce mediation in Morris and Somerset counties. She served on the NJAPM board and is NJAPM’s peer gr oup chai r . www.equalitydivorcemediation.org.

Practitioner Orders for Life-

Sustaining Treatment

The medical community, ac-

knowledging some of the advance directives shortcomings, has created a

complement to the legal document. It

is entitled Practitioner Orders for Life-Sustaining Treatment (POLST).

The NJ POLST form was unveiled in

2013. Unlike the advance directive,

POLST is a medical order. It be-

comes a permanent part of the medi-

cal record and is valid in all health care settings. POLST has very spe-

cific conflict resolution provisions

integrated into its language. More About POLST In the next newsletter of Media-

tion News, I will address POLST

more fully in the second part of this

series on response to end of life in my article: “Conflict at the End of Life,

Part II: The Medical Community’s

Response.”

(Continued from page 8)

Terri Roth Reicher holds a BS from the Wharton School, a JD from Van-derbilt University, and was a member of the first LLM class in Health and Hospital Law at Seton Hall University School of Law. She serves as Bio-ethics Attorney for Chilton Hospital and is an Adjunct Professor of Law at William Paterson University. Ms. Rei-cher is a trainer for NJAPM, an officer in the NJSBA DRS, and President of the Marie Garibaldi ADR Inn of Court. S h e c a n b e r e a c h e d a t [email protected].

10


Family Law Case Update Compiled by Carl Cangelosi, JD, APM

Gall v. Gall, App. Div.—The appellate

court reversed the child support order as

to the parties’ son, Brian. The trial court's

conclusion that Brian was not emanci-

pated because he was attending college full-time was based on a future eventual-

ity, and was thus not a proper basis for a

finding that at the time of trial he was

unemancipated. Brian worked full-time,

and was only a part-time student. Should

Brian enroll in college full-time and the

parties are unable to reach an agreement,

the issue can be revisited by way of a

post-judgment motion. March 13, 2013;

Not approved for publication. 20-2-9293 In the Matter of the Letter Decision of

the Committee on Attorney Advertis-

ing, Sup. Ct.—RPC 7.5 is amended to

permit a law firm trade name so long as it

describes the nature of the legal practice

in terms that are accurate, descriptive and

informative, but not misleading, com-

parative or suggestive of the ability to

obtain results. The name must be accom-

panied by the name of the attorney re-

sponsible for the management of the or-

ganization. The term “Alpha” in the cen-

ter’s name is impermissible under revised RPC 7.5 and current RPC 7.1. The re-

mainder of the name, coupled with the

name of a managing New Jersey attor-

ney, satisfies revised RPC 7.5. March 14,

2013. 04-1-9307 Perri v. Salandra, App. Div.—

Defendant argued that, although at the

time of his divorce he agreed to waive

the New Jersey Child Support Guidelines

and disregard the true shared parenting

arrangement between the parties, when a downward modification was demon-

strated, the judge should have applied the

Guidelines. However, in the Property

Settlement Agreement (PSA), the parties

did not agree that their two waivers, of

shared parenting considerations and use

of the Guidelines, would no longer be

applicable upon changed circumstances.

Plaintiff conceded that husband had suf-

fered a significant diminution of his in-

come and a modification of child support was appropriate. The primary issue be-

fore the court was the legal issue of

whether good cause existed not to apply

the Guidelines' shared parenting calcu-

lations. The appellate panel finds no

abuse of discretion in the judge’s deter-

mination not to use the Guidelines.

March 18, 2003; Not approved for pub-lication. 20-2-9322 Ortiz v. Ortiz, App. Div.—Defendant

appealed from an order denying his

motion to emancipate his two children

as of their 18th birthdays, to modify the

child support obligation that remained

before the second emancipation, and to

terminate his alimony. The appellate

court reversed finding that regarding

child support plaintiff's proofs that the

parties' daughters remained dependent on their parents after reaching their

18th birthdays were insufficient to

overcome the presumption of emanci-

pation. The court also said that defen-

dant established a prima facie case for

emancipation based on the children's

ages which should have entitled him to

reasonable discovery, and that once the

elder child was emancipated, defendant

was entitled to a recalculation of child

support for the remaining child and that

if the remaining child were older than 18 and remained unemancipated, child

support would need to be calculated by

applying the factors in N.J.S.A. 2A:34-

23a, not the child support guidelines,

unless she lived at home and commuted

to college. As to defendant's request to

terminate alimony, the court found that

defendant made a prima facie showing

of a significant and permanent change

in circumstances (a VA determination

that he suffered from a 40% permanent disability) sufficient to trigger a re-

quirement that plaintiff file a CIS and

the parties engage in appropriate dis-

covery. March 25, 2013; Not approved

for publication. 20-2-9363 Wadhwa v. Sethi, App. Div.—This

appeal involved dissipation and distri-

bution of marital assets. The trial judge

recognized that some of the transac-

tions plaintiff challenged predated their

separation by more than four years. She found, however, that the expenditures

"all appear to be proximal to major

arguments between the parties, which

could lead to the inference of divorce

planning." The appellate panel under-

stands that statement to mean that the

judge concluded that defendant was act-

ing with the intent to deprive plaintiff of her share of the marital estate at times

during the marriage that followed major

arguments. The judge's reasoning, as it

stands, does not support the conclusion

that defendant dissipated marital funds

prior to their first major argument. The

panel remands for further consideration

and supplementation of the judge's find-

ings and reasons. April 24, 2013; Not

approved for publication. 20-2-9712 Reese v. Weis, App. Div.—The issue in this matter was whether defendant re-

ceived a substantial economic benefit as

a result of her cohabitation such that ali-

mony should be terminated. The appel-

late court concluded the inquiry regard-

ing whether an economic benefit arises in

the context of cohabitation must consider

not only the actual financial assistance

resulting from the new relationship, but

also may weigh other enhancements to

the dependent spouse’s standard of living

that directly result from cohabitation. A trial judge’s exercise of discretion when

determining whether to modify or termi-

nate alimony may properly evaluate the

duration of the new relationship and as-

sess its similarities to the fidelity associ-

ated with marriage. May 7, 2013. 20-2-

9867 Koeppel v. Pierson, App. Div.—

Defendant appealed from an order deny-

ing his motion to reduce plaintiff’s visita-

tion time with Jane, his daughter and plaintiff’s granddaughter. Defendant and

Nicole Connelly are the parents of Jane.

Since a few months after Jane’s birth,

defendant, and at times Connelly, resided

with plaintiff, defendant's mother. Defen-

dant’s principal argument concerns the

Grandparent Visitation Statute. There is a

presumption favoring deference to a fit

parent’s choice about visitation which

must be overcome before the court may

enter an order requiring visitation with grandparents as being in the child’s best

(Continued on page 11)


11

interest. Here, implicit in the judge’s

preservation of plaintiff’s long-standing

joint custody status and the visitation

award is a finding that plaintiff, by virtue of living with Jane for over six years and

being the court-designated parent of pri-

mary residence for five years, was a psy-

chological parent to the child. A biologi-

cal parent and a grandparent with psy-

chological parent status stand in parity to

one another. The panel rejects defen-

dant’s claim that, although he previously

consented to visitation, the matter should

be treated as a new request by the grand-

parent to have visitation, warranting her

showing that harm to the child would result from not providing visitation. The

undisputed facts show that plaintiff is

Jane's psychological parent. May 14,

2013; Not approved for publication. 20-

2-9950 Phillips v. Emerson, App. Div.—

Defendant Emerson appeals from an or-

der denying his application to bar his

daughter's attendance at a private paro-

chial high school. During the parties’

marriage, neither the parties nor their children actively practiced their respec-

tive religious faiths. Emerson was raised

Jewish. Plaintiff Phillips, the child’s

mother, was raised in a Christian faith.

Until 2012, all of the children attended

public schools. In August 2012, Emerson

learned that Phillips had enrolled their

daughter in a private high school aligned

with the Catholic faith. In the parties'

divorce judgment, they were granted

joint legal custody of their daughter with mutual obligations to consult and confer

regarding major decisions. The appellate

panel finds the factual matrix available to

the Family Part judge was wholly insuffi-

cient and incomplete to warrant a conclu-

sion that the child's best interests would

be fostered by Phillips's unilateral deci-

sion respecting the child's high school

education. The Family Part's findings and

conclusions were not adequately sup-

ported by credible evidence. Emerson was entitled to a plenary hearing as to

disputed material facts regarding the

child's best interests, and whether those

best interests are served by her enroll-

ment in a private parochial high

school. June 5, 2013; Not approved for

publication. 20-2-0186

Jones v. Jones, App. Div.—Defendant

(Continued from page 10) appealed from orders denying her mo-

tion to extend the term of her limited

duration alimony and convert it to per-

manent alimony, arguing primarily

that the decision was not supported by substantial credible evidence and she is

entitled to extended alimony, as a mat-

ter of equity, because she was married

for 18 years. Although defendant was

potentially entitled to permanent ali-

mony given the marriage's duration,

she chose to accept a PSA that pro-

vided for limited duration alimony and

she has not shown that the agreement

was unconscionable or so inequitable

that judicial interference is war-

ranted. June 17, 2013; Not approved for publication. 20-2-0299 Ward v. Ward, App. Div.—Defendant

husband appealed from the decision

awarding plaintiff wife primary cus-

tody of the parties' children and allow-

ing her to relocate to Massachusetts.

Husband argued that the trial judge

should have applied the best interests

s t a n d a r d , r a t h e r t h a n

the Baures standard, as the removal

application was made in the context of the initial custody determination. Wife

asserted that since she was the primary

custodial parent and responsible for the

bulk of the caretaking during the mar-

riage, the Baures standard governs. The

parties voluntarily agreed on a parent-

ing schedule in which husband would

have parenting time with his children

every other weekend and additional

overnight parenting time on Wednes-

days. Husband only requested a shared parenting schedule after wife wanted to

move the children out of state. The trial

judge found that the earlier voluntarily-

agreed-upon parenting schedule should

be maintained as it was in the children's

best interests. As that schedule did not

involve a fifty-fifty parenting arrange-

ment, the judge properly went on to

consider the Baures factors July 17,

2013; Not approved for publication.

20-2-0679 Smith v. Smith, App. Div.—

Defendant appealed from the denial of

his post-judgment motion to terminate

his alimony obligation. The panel af-

firms, concluding that the judge did not

abuse her discretion in determining to

substantially reduce but not eliminate

defendant's alimony obligation after

considering the parties' ages (early 70s),

their health, defendant's good faith in

retiring, his ability to pay support and

plaintiff's needs and ability to support

herself. August 2, 2013; Not approved for publication. 20-2-0871 Gilford v. Gray-Gilford, App. Div.—

Although real estate previously owned

by plaintiff alone was the source of the

down payment on the home, defendant's

efforts at both properties were signifi-

cant, and the homes were the result of the

parties' joint enterprise. It was not a mis-

taken exercise of the judge's discretion to

award defendant fifty percent of the pro-

ceeds from the sale of the home. August 9, 2013; Not approved for publication.

20-2-0960 Willingboro Mall v. 240/242 Franklin

Avenue, Sup. Ct.—The court upheld the

oral settlement agreement in this case

because plaintiff expressly waived the

mediation-communications privilege and

disclosed privileged communications.

However, in the future mediation agree-

ments will not be enforced unless the

terms are put in writing and signed by the parties before the mediation comes to

a close, the state Supreme Court said.

Where the terms are too complex to be

drafted that same day, the mediation

should be continued for "a brief but rea-

sonable period of time to allow for the

signing of the settlement." Mediation

should help resolve disputes expedi-

tiously, "not spawn more litigation," the

court held. August 15, 2013; 03-1-1016 J.B. v. W.B., Sup. Ct.—A parent seeking to modify a negotiated agreement for the

support of a disabled child through the

establishment of a special needs trust

must present a specific plan and demon-

strate how the proposed trust will benefit

the disabled child. When a disabled child

is the subject of a proposed special needs

trust, it is within the trial court’s discre-

tion to appoint a guardian ad litem. Au-

gust 20, 2013; 20-1-1056

Carl Cangelosi, JD, APM is NJAPM’s immediate past president. He practices divorce and civil media-tion in Princeton and Plainsboro, and also serves as NJAPM’s director of divorce mediation training. His web-site is www.njmediation.org.

12


Education Committee Report by Risa Kleiner, Esq., APM, and Anna-Maria Pittella, Esq,, APM

R isa Kleiner Anna-Maria Pit-tella, co-chairs of the

NJAPM education commit-

tee, welcome new members: Gianni

Novelli, Carl Cangelosi, Harvey Fruchter, Bonnie Blume Goldsamt,

Teresa Luetjen Keeler. Rosemarie

Moeller, Katherine Newcomer, Gladys Salazar, Karen Sampson, and

Peter Scarpato. We also welcome

returning members: Lucille Alfano, Elaine Goldsmith, and Donald Van-

nerelli, and thank you for all of their

efforts over the last year.

The education committee met on August 26, 2013. Risa provided the

background for the initiation of the

committee with its first meeting held in January 2011. The goal of the

committee is to expand mediation

training, improve quality of the train-ings, arrange for more trainings over-

all for the benefit of the membership

and encourage and assist members

who want to do trainings for other members. The committee reviewed

the standing programs that are re-

peated: 40-hour basic divorce train-ing, basic civil training, advanced

civil training, annual divorce media-

tion seminar, annual conference, 8-

hour basic skills, and the civil ap-

prenticeship. The Education Committee make

the following recommendations:

Member Led Training: The

committee will encourage training for our members reflective of

NJAPM standards. We will assist

members who wish to present pro-grams whether or not CLE credit is

offered. However, the committee

will provide a form to be completed by the presenter. Look on the web-

site or through the listservers for

invitations to propose programs on

training and particularly to encour-age mental health members to offer

programs

Divorce Mediation Apprentice Program: This program offers a

newly trained mediator an opportu-

nity to work with a divorcing couple under the supervision of an Accred-

ited Professional Mediator. By

evaluation of the apprentices and

mediators and couples, the program is successful. The problem lies in

obtaining couples. We will be work-

ing on this part of the website and marketing to attract more couples.

Webinars: Katherine Newcomer

suggested that NJAPM explore the

possibility providing webinars.

There are apparently many methods to utilize this type of education tool.

The committee will be examining

different options to offer webinars at

the next meeting. CLE Credits: We have a new

CLE director, Megan Oltman, who

reviews the course materials and ap-plies for credits on the NJ Court’s

CLE website. So far all of our train-

ings have been approved. We are considered an approved provider.

Reaccreditation is done every two

years.

Another goal of the committee is to determine whether or not the ex-

pansion of CLE credits for attorneys

from PA and/or NY would be help-ful.

Right now we do not offer con-

tinuing education credits to other dis-ciplines. The committee will also be

investigating the possibility of offer-

ing credits psychologists and social

workers in New Jersey. For more information, please con-

tact Risa at [email protected] or

A n n a -M a r i a a t p i t t e l l a [email protected].

DON’T GO NAKED!

Now Available: Liability Insurance for NJAPM Members

NJAPM has negotiated favorable group rates for arbitrator and mediator liability insurance with Complete Equity Markets.

Professional liability insurance is now available for

both Accredited and General Members at surprisingly affordable prices starting at less than $400 for $100,000 in annual coverage.

Proof of NJAPM membership is required.

For further information or to obtain forms, visit our website at www.njapm.org.


13

NJAPM Membership Report by Melissa Fecak, Esq., and James Hamilton, Esq.

A s vibrant and vital as the

NJAPM has become under a succession of motivational

leaders, there remains plenty of head-

room for increasing its standing in the ADR community and expanding its

roster of members. The Membership

Committee views its charge as finding

ways to retain current members and attract new members by searching for

new ways to inspire mediators to join

the organization because of what it will mean for their careers and for me-

diation as an ever-evolving, and grow-

ing, alternative to traditional methods for dispute resolution.

As members may have noticed, the

renewal process was delayed to enable

a new management company to be in-stalled and for website changes to be

made that should streamline the ad-

ministration of NJAPM business. We appreciate the feedback being received

and the understanding invariably re-

quired as new personnel and methods are put in place.

If you are reading this and have yet

to renew – please be sure to take the

steps required to enjoy the privileges of membership. You may renew on the

www.njapm.org website in less than

two minutes. What we hope you al-ready have found, and what we plan on

demonstrating during the coming year,

is that the benefits of membership far

outweigh the cost. While perhaps the most visible

benefit of membership is our annual

conference discussed in other articles in this newsletter), there are so many

other perquisites of being a card-

carrying member of NJAPM. Regional peer groups allow for informational

and networking opportunities. Con-

tinuing legal education programs en-

able members to achieve mandatory credits at discounted prices. Gathering

with like-minded practitioners of the

art of mediation, many of whom are recognized leaders who offer per-

spectives developed in a variety dis-

ciplines, can serve to expand and

enrich your skills. We are planning to promote the

collegiality NJAPM members enjoy

through new social programs. Per-haps you would enjoy attending a

wine tasting, a concert, a picnic or a

cultural outing arranged for by NJAPM. Time and travel considera-

tions may make regional social

events more accessible for you.

NJAPM is your organization, so any input you are able to offer will be

much appreciated. Letting us know

you care about the best state organi-zation run by and for mediators may

very well be our ultimate goal! Welcome New Members

Here is a list of the new members

who have joined since the last news-letter. If there is a mistake with our

list or your name is missing, please

let us know. If you joined after 9/16/13, watch for your name in our

next newsletter. Welcome! Hannah Akerman

Joseph Anania, Jr.

David Anthony

Mitchell Arons

Craig Artel

Arshad Awan

Howard Bailey

Patricia Barasch

Jennifer Barringer

Joyce Bartlett

Robert Berg

Diane Burton

Adela Carrazana

Domenick Di Cicco Jr.

William Dwyer

Robert Field

Jeffrey Goldblatt

Sharon Green

David Greenfield

Barbara Hayes

Daniel Himelman

Chip Hoever

Lee Karosen

Steven Kasarda

Dana Katz

Benjamin Kelsen

Karen Kirchoff Saminski

Phyllis Klein

Robert Koob

James Kozachek

Alexis Lazzara

Erika Levin

Micah Lewis

Robert Loefflad

Lisa Lograno

Robert Long

Denise Luckenbach

Heather Martin

Mary Merla-Ramos

Jennifer Mittelman

Jerry O'Connell

C. Megan Oltman

Jeffrey Orleans

Elliot Ostrove

Stephanie Palmer

Larry Parsons

Robin Perry

Deborah Pico

Lisa Pols

Sally Ponzio

stephen raab

Michelle Ringel

Gladys Salazar

Katherine Sarrico

Cassandra Savoy

Richard Schall

Susan Schmerler

Debra Schneider

Natalie Slezak

Norma Stancil

Kris Tjornhom

Leanne Treese

Michele Vallone

Kevin Walsh

Bennett Wasserman

Lisa Wolman

Earl Wright

Thanks

Thanks to Bob McDonnell for serving as interim chair following

Anna Delio’s move to Union County,

and to all the members of the NJAPM

membership committee.

Contact Us

For more information about

NJAPM membership, please contact Melissa at [email protected],

or Jim at [email protected].

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NJAPM Committee Name Chair or Co-Chair Phone Email Address

Advanced Annual Civil Mediation Sem. Nick Stevens 973-403-9200 [email protected]

Annual Conference Felicia Farber 201-343-8822 [email protected]

Annual Conference Bruce Waltuck 609-577-1584 [email protected]

Annual Divorce Mediation Seminar Roz Metzger 908-238-0099 [email protected]

Annual Divorce Mediation Seminar Rosemarie Moeller 908-727-3594 [email protected]

Civil, Basic Mediation Training Marv Schuldiner 732-963-2299 [email protected]

Communications Bennett Feigenbaum 973-682-9500 [email protected]

Divorce, Basic Mediation Training Carl Cangelosi 609-275-1352 [email protected]

Education Committee Anna-Maria Pittella 732-842-6939 [email protected]

Education Committee Risa Kleiner 609-951-2222 [email protected]

Executive Committee Marv Schuldiner 732-963-2299 [email protected]

Judiciary Relations Hon. (ret.) John Harper 973-813-7667 [email protected]

Long Range Planning Marv Schuldiner 732-963-2299 [email protected]

Marketing Vacant NA Contact Marv Schuldiner if Interested

Mediator Ethics Review Board Hanan Isaacs 609-683-7400 [email protected]

Membership Melissa Fecak 856-733-0229 [email protected]

Membership James Hamilton 856-365-7665 [email protected]

Newsletter Anju Jessani 201-217-1090 [email protected]

Nominating Committee Carl Cangelosi 609-275-1352 [email protected]

Peer Consultation / Mentoring Katherine Newcomer 908-439-9140 [email protected]

Programs Including General Programs Mitsu Rajda 877-744-3944 [email protected]

Website Carl Peters 609-751-4104 [email protected]

Special Interest: Construction Carl Peters 609-751-4104 [email protected]

Special Interest: Elder Mediation Donald Vanarelli 908-232-7400 [email protected]

Special Interest: Employment Marla Moss 973-785-2282 [email protected]

Special Interest: Ombuds Bennett Feigenbaum 973-682-9500 [email protected]

Accreditation Nick DeMetro 973-747-6428 [email protected]

Mediator Quality Marv Schuldiner 732-963-2299 [email protected]

Legislative Relations Roger Jacobs 973-226-6663 [email protected]

NJAPM Committees & Special Interest Groups


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NJAPM Photo Gallery

7-24-13, Annual Outing & Networking, Somerset Patriots Baseball Game

5-11-13, NJAPM Annual Advanced Civil Mediation Seminar Featuring Michael Lang

4-27-13, NJAPM Annual Divorce Mediation Conference Featuring Hon. Glenn Berman

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New Jersey Association of Professional Mediators 26 Park Street, Suite 2041

Montclair, NJ 07042

Presorted

Standard Mail

US Postage

PAID

Belvidere, NJ

Permit No. 34

General Meetings & 40-Hour Divorce Mediation Class Photos

3-20-13, Cathy Bao Bean Presents Cultural Intelligence;

Cathy with Mitsu Rajda, Program Chair

4-17-13, Hon. Norman Peer (Ret.) Presents Drafting Error-Free Settlement Agreements

6-19-13, David Deutsch Presents Social Media and Your Online Presence

5-15-13, Brad Heckman, NY Peace Institute, Practice of Community Mediation

9-19-13, NYU Prof. Steven Brams Presents “Adjusted Outcomes,” Steve with Marv Schuldiner, President

5-15-13, Day 5 of NJAPM’s Spring 40-Hour Divorce Mediation Class Carl Cangelosi, NJAPM Lead Instructor, Hanan Isaacs and Anju Jessani Instructors

“mediation mastery” at the njapm annual conference ... · civil case management training...

Documents