New York State Council on Divorce Mediation 32nd Annual Conference Mediation Skills: Digging Deeper April 30th– May 2nd, 2015 Renaissance Westchester Hotel, West Harrison, New York Thursday April 30th 11:00 to 12:00 Registration Desk Open 12:00 to 1:00 Lunch 1:30 to 5:30 Pre-Conference Presentation* New Ways for Mediation™: More Structure, More Skills and Less Stress Presenter: Bill Eddy, JD, LCSW, CFLS New Ways for Mediation is a tightly-structured, simple process for mediating disputes. It focuses on the teaching and reinforcement of simple skills for the clients to use throughout the process. This approach emphasizes the role of the mediator as “guide” – much more directive about the process and much less directive about the actual decisions the parties should make. It is a very client-centered approach. The mediator provides a few simple skills for the parties to repeatedly apply in more actively asking questions, gathering information and making proposals, while the mediator more actively provides education and options for the parties to consider. Storytelling about past behavior is stopped and discussions of emotional issues are firmly discouraged, based on the belief that these issues are irresolvable for many people and simply reinforce their intransigence. However, throughout this process, the mediator calmly demonstrates empathy, respect and neutrality for both parties, despite angry outbursts, surprise events, tears and rigid positions. The intended result is that the parties have less need to defend themselves, they work harder at finding solutions, and they are more committed to their own decisions. New Ways for Mediation was developed by Bill Eddy, President of the High Conflict Institute. *Separate Registration Required (see registration form for details) 6:00 to 7:00 Opening Reception Meet and greet new friends, reconnect with old friends (Hors d’oeuvres, Cash Bar) 7:00 to 9:00 Dinner and Awards; Meet our Keynote, Bill Eddy, JD, LCSW, CFLS William A. ("Bill") Eddy IS CO-FOUNDER AND PRESIDENT OF HIGH CONFLICT INSTITUTE, LLC, IN San Diego, California, AND Senior Family Mediator at the National Conflict Resolution Center in San Diego, California. He is a Certified Family Law Specialist in California with over FIFTEEN years’ experience representing clients in family court. Prior to becoming an attorney in 1992, he was a Licensed Clinical Social Worker with twelve years’ experience providing therapy to children, adults, couples and families in psychiatric hospitals and outpatient clinics. Bill taught Negotiation and Mediation at the University of San Diego School of Law for six years, as well as a course in Interviewing and Counseling Difficult Clients. He provides seminars on mental health issues for attorneys, judges and mediators, and seminars on law and ethics for mental health professionals. His articles have appeared in national law and counseling journals. He is the author of several books, including HIGH CONFLICT PEOPLE IN LEGAL DISPUTES , and SPLITTING: Protecting Yourself While Divorcing a Borderline or Narcissist . A full list of Bill's books, CDs, and DVDs can be found on the High Conflict Institute website. Bill has become an international speaker on the subject of high-conflict personalities, providing seminars to attorneys, mediators, collaborative law professionals, judges, ombudspersons and others. He obtained his law degree in 1992 from the University of San Diego, a Master of Social Work degree in 1981 from San Diego State University, and a Bachelors degree in Psychology in 1970 from Case Western Reserve University. He began his career as a youth social worker in a changing neighborhood in New York City in 1970, and first became involved in mediation in 1975 in San Diego. He considers conflict resolution the theme of his varied career. Friday May 1st 8:00 to 9:00 Breakfast Session 1.3: Presenters: Case Consultations (sign up in advance at registration desk) 8:30 to 10:00 Registration Desk Open 9:00 to 10:30 Session 1 Session 1.1: Brief, Informative, Friendly, Firm (BIFF) Responses Bill Eddy, JD, LCSW, CFLS Presenter: Hostile emails, letters and other communications have grown into a huge problem in our society and especially in today’s divorces. Yet there is a simple method of responding which clients enjoy learning and can apply fairly quickly: communications that are Brief, Informative, Friendly and Firm (BIFF). Mediators and other professionals can coach clients in learning this simple method in a matter of minutes. This 90-minute session will provide training on how to coach your clients on this method, including practice exercises. It is based on Bill Eddy’s book: BIFF: Quick Responses to High Conflict People, Their Personal Attacks, Hostile Email and Social Media Meltdowns (Second Edition, 2014). Session 1.2: Presenter: You Got Your First Call, Now What!! Ada L. Hasloecher Whether you are a new mediator or have been practicing for a while, that initial call from a potential new client is rife with so many questions. Of course, we want to make the most of this first call and say just enough to encourage them to book a session with us. This session will address the following: Do I call them back right away (don’t want them to think I’m anxious for business)? When I get them on the phone, what exactly do I say and how do I say it? How many questions should I answer on the phone without the other spouse’s involvement? What if they start asking me about my fees and the cost for the mediation? How do I address their “legal” questions? How do I handle their “story”? Do I offer a face to face consultation to meet with them together or do I consult on the phone speaking with them separately? The responses to these and oh, so many other questions will be addressed in this very interactive workshop. Role plays will be involved. Don’t be afraid! Using Technology in a Mediation Practice Barbara Stark, JD Karlene Mitchell, MBA, CDS Just a few short years ago email was something many of us did not have or use on a regular basis. Now few of us could operate a mediation practice without an email address or the internet. This session will discuss how technology can help a mediator provide a better and more efficient service to our clients. Included will be a discussion on using software programs, the web and computers to help us efficiently manage our practices and serve our clients. 10:30 to 11:00 Break 11:00 to 12:30 Plenary 1 Getting to Yes for Children and Families Presenter: JoAnne Pedro Caroll, Ph.D. One of the first questions parents ask themselves when considering divorce is: what about the kids—will they be ok? As professionals working with families, we want the answer to be a resounding “Yes”. But too often the reality is: it depends. This plenary will focus on how we can help parents “stack the deck” for success in getting to yes. This presentation will emphasize various paths toward positive outcomes for children and families, including long term studies of mediation and current innovative practice. 12:30 to 2:00 Lunch and Annual Meeting 2:00 to 3:30 Session 2 Session 2.1: Putting Children First: Developmental Parenting Plans JoAnne Pedro Caroll, Ph.D. Presenter: One of the most important and most challenging aspects of our work is guiding parents to create parenting plans tailored to their children’s needs and developmental level. Recent and hotly debated controversies have swirled around the question of overnights for infants and young children, leaving even the most experienced professionals wondering what is “right” in each situation. This workshop will focus on understanding what sound research “really” says is in children’s best interests. Guidelines for making decisions about parenting plans and schedules will be described, based on current research and tailored to children’s developmental needs-a “must” for every practitioner! Session 2.2: Presenters: Co-mediating in a Divorce Mediation Practice Jill Sanders-DeMott, Esq. Al Frankel, LMSW Saturday May 2nd 8:00 to 9:00 Breakfast Case Consultations (sign up in advance at registration desk) In this workshop we shall discuss the co-mediation model and how it works. The presenters have been co-mediating together since 1992 – both trained in Divorce Mediation and also practicing as a psychotherapist and attorney when not mediating. The workshop will focus on how the team approach differs from the single practitioner approach and will demonstrate some of its advantages. The dynamics of gender balance and the influence that our respective professional backgrounds lend to the process will be addressed. We will also discuss different practice strategies such as caucusing, debriefing after sessions, etc. Practical issues of team mediation such as structure of the process, roles of the mediators and fees will also be discussed. Vignettes will be presented to illustrate the dynamics of the co-mediation team. 9:00 to 10:30 Session 3 Session 3.1: How Divorce Affects Social Security & Disability Income Rita Medaglio-Barrera, CDFA, CSA Session 2.3: Presenter: Session 3.2: Strategies in the Face of Impasse Adam Berner, Esq., MA It can be said that mediation is all about going from one impasse to another. Getting stuck is what we dread when serving as a mediator and calls into question whether we are really adding any value to the negotiation process. What use are we if the parties are stuck and we have nothing to help them get past that point? Is there something we should be doing differently? Is there an alternative to “when the rough gets tough, the mediator should just get directive?” This presentation will re-examine the nature of impasse, its causes, our attitudes towards it, as well as strategies and interventions to deal with that dreaded point in the process (and possibly even avoid it). Through a combination of interactive exercises and discussions, and presentation, the goal of this program is to provide participants with a fresh framework of understanding and dealing with getting past ‘stuck’ in mediation. 3:30 to 4:00 Break 4:00 to 5:30 Plenary 2 Update on the Law Presenter: Steve Abel, Esq. You know the drill! 6:30 to 9:30 Dinner Auction & Raffle Presenter: This workshop will address Social Security Basics – How Your Claiming Age Affects Benefits especially with the “Gray Divorcing” client. We will discuss Case Studies covering Disability Income, Retirement Benefits, Spousal & Survivor Benefits. We will also cover maximizing Social Security Benefits for Ex-Spouses, including same-sex couples, using the “File and Suspend” strategy. This workshop will also address the Taxability of Social Security Benefits. Presenter: Must-See BV: Business Valuation Essentials for Mediators Kristen Jenks, CFA Putting a price tag on a business is a complex task that gets even more complicated when a divorce is involved. Many jurisdictions view ownership of business interests differently, including what share belongs to the non-owner spouse and how to value the personal talents of the business owner. Kristen will walk you through how to decide if there truly is a “business” to value and when it makes sense to engage an independent valuation professional. She’ll cover the basic mechanics of a valuation, what kind of information the client should be prepared to provide, and what happens after the value is determined. Session 3.3: Presenter: Transformative Mediation Skills in a Divorce Mediation Practice Bobbie L. Dillon, M.S. This highly interactive, hands-on workshop is designed for mediators who want to learn more about the use of the Transformative Model of mediation. Starting with a brief outline of the model and theory, participants will then begin learning and practicing the key skills associated with TM (attending, following, reflecting, summarizing, and checking in). In addition to individual and partner exercises, the instructor will model skills, show video clips, and encourage volunteer participants to practice the skills with the support of the group. This workshop is not designed to debate whether TM should be used in divorce mediation. It is an opportunity to introduce mediators to the model and provide them with skills they can apply with clients who are feeling upset or out-of-control. 10:30 to 11:00 Break 12:30 to 1:30 Lunch 11:00 to 12:30 Session 4 1:30 to 3:00 Plenary 3 Session 4.1: The Affordable Care Act: It’s Impact on Divorcing Couples Presenter: Kathy Brennan Presenters: Pensions & QDRO’s and Bears – Oh My! Tom Treacy, MPA, ChFC Ada L. Hasloecher The Lois Rubin Memorial Presentation There are so many different plans out there with their own rules and regulations; plans that pre-approve and others that don’t; plans that allow for a survivor annuity and others that don’t. We want you to walk out of the room understanding something that has stymied you for years. Session 4.2: Presenters: Spousal Maintenance Guidelines Hon. Steve Eisman, Esq. Michael Ratner, Esq. In May, 2013, the New York State Law Revision Commission issued a Final Report on Maintenance Awards in Divorce Proceedings. This session will discuss the significance of this Report, and the ongoing discussions and additional legislation that will eventually modify the existing Temporary Maintenance Guidelines and may introduce guidelines for a Final Maintenance Award, at the conclusion of a divorce proceeding. Session 4.3: Presenters: This plenary will provide an overview of the Affordable Care Act (ACA), including requirements for businesses, small and large, as well as individuals. The presentation will discuss: Benefit options and potential penalties The NYS Health Exchange, called the NY State of Health Health insurance options for recently divorced individuals Potential subsidies, insurance cost and benefit levels Open enrollment rules, enrollment timeframes and how to access insurance options COBRA and how it relates to divorce How COBRA integrates with the ACA and available insurance options When Nothing You Do Works… Perhaps Intimate Partner Abuse/ Violence is The Reason Carolyn Fish Steve Abel, Esq. Most researchers, legal, mental health and law enforcement professionals have received minimal training on Intimate Partner Abuse and Violence (IPA/V). This workshop will shed light on this complex and confusing issue. Workshop leader will address the array of tactics used by abusers to control and dominate their victims; how IPA/V can impair a victim’s ability to negotiate during the mediation process; how IPA/V effects members of the LGBTQ and other marginalized communities and examine the importance of effective screening for IP/V. Continuing Education Continuing Legal Education NYSCDM has applied to the New York State Education Department's Board of Social Work to be an Approved Provider of continuing education credits “New York State Council on Divorce Mediation has been certified by the New York State Continuing Legal Education Board as an Accredited Provider of continuing legal education in the State of New York from July 25, 2012 – July 24. 2015.” CLE will credits will be earned depending on sessions attended. Financial hardship policy is available upon written request. To apply, write Kathy Jaffe at 978 Route 45, Suite 107, Pomona, NY 10970 Consultation Opportunities Individual and small group consultation with Accredited Members is available, at no charge. Times are listed in the program. Prepare to discuss at least one case. Sign up at the registration desk. 2015 Annual Conference Rates The Annual Conference Committee is proud to announce that the NYSCDM 2015 Annual Conference will be held at the Renaissance Westchester Hotel, 80 West Red Oak Lane, West Harrison, New York. We are pleased to be able to offer rates that are in line with past years in Saratoga Springs; no small feat for a downstate location! While we encourage everyone to attend and stay at the hotel, we realize that not all schedules accommodate this. For this reason, we are offering several packages, as well as “A la carte” pricing, which will enable attendees to cater an event that suits their needs. Note: For packages 1 and 2, there is no need to reserve a room separately. Package 1: All Inclusive “soup to nuts” (subject to room availability)……………………………………………….. $960 Choose this package to attend all events beginning Thursday at lunch and going to Saturday afternoon. Rate includes pre-conference presentation, all meals, overnight accommodations Thursday and Friday night, and conference materials. All taxes and service charges included. Package 2: Regular Program (subject to room availability)…………………………………………………………….. $860 Choose this package to attend the regular conference events, beginning Thursday evening and going to Saturday afternoon. Rate includes all regular conference presentations, meals, overnight accommodations Thursday and Friday night, and conference materials. All taxes and service charges included. Package 3: Three-Day Commuter……………………………………………………………………………………….. $695 Choose this package to attend all events beginning Thursday at lunch and going to Saturday afternoon. Rate includes pre-conference presentation, all meals, and conference materials. All taxes and service charges included. Package 4: Two-Day Commuter…………………………………………………………………………………………. $595 Choose this package to attend all events on Friday and Saturday. Rate includes all meals and conference materials. All taxes and service charges included. Room Sharing: If you would like to share a room with someone, purchase a commuter package and arrange for the room directly with the hotel (room taxes will apply). Be sure to reserve under NYSCDM to obtain the discounted room rate of $139. Call (800) 891-2696 to reserve a room. A la carte: (all taxes and service charges included*) Pre-Conference (includes lunch, one break and all conference materials)………………………………….. $140 Thursday reception and dinner (for those only attending the pre-conference)……………………………… $125 Friday only (includes all presentations, meals, breaks, and materials)………………………………….…… $440 Saturday only (includes all presentations, meals, breaks, and materials)…………………………………… $320 Nightly hotel room rate (*based on hotel availability and subject to taxes and fees)………………………… $139 Guest rates: (includes all scheduled meals and refreshments) Thursday guest Friday guest Saturday guest ……………………………………………………………………………..……………………. $160 ……………………………………………………………………………………………………… $180 ………………………………………………………………………………………………….. $80 Note: Non-members add $65. Those who wish to join the Council may pay $50 for a six month membership and pay member rates for the conference. DRIVING DIRECTIONS FROM SOUTH (NYC) Take I-87 North to exit 4, take Cross County Pkwy E ramp Follow signs for Hutchinson River Pkwy N (left at fork) Take exit 26W from Hutchinson River Pkwy N for Westchester Ave., toward I-287 W/ White Plains Follow Westchester Ave W to W Red Oak Lane, turn right In 1/2 mile, turn left to stay on W Red Oak Lane Hotel will be on the left DRIVING DIRECTIONS FROM NORTH & WEST Take I-87 S, across Tappan Zee Bridge, to exit 8A Keep left to continue on I-287 E, follow signs for White Plains Take exit 9N-9S for Hutchinson Pkwy toward Whitestone Bridge/Merritt Pkwy, merging onto Westchester Ave E Turn left onto Kenliworth Rd and left at first cross street (to change direction) onto Westchester Ave W Turn sharp right onto W Red Oak Lane In 1/2 mile, turn right to stay on W Red Oak Lane Hotel will be on the left
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