Showing posts with label new york. Show all posts
Showing posts with label new york. Show all posts

Saturday, August 9, 2008

Yo, you talkin to me?

Apparently not in New York.  Newsday.com's Michael Rothfeld and Melanie Lefkowitz report that family law mediation in New York lags behind other states.  The article quotes Hofstra University law professor Andrew Schepard as noting that the New York system places importance on "digging up dirt" on the soon-to-be ex-spouse instead of putting the child's needs first.  

Surprisingly (to me), New York judges do not have the power to order couples into mediation.

Despite these difficulties, the article goes on to explain that pilot programs exist in several counties.  The early findings are that cases are being resolved in a few months instead of several years, children are not used as "weapons in negotiations", and divorces are less acrimonious.  

Qualifications for Mediators

Law.com reports that New York established guidelines for court-appointed mediators.  The qualifications include:

  • 24 hours of basic mediation training;
  • 16 hours of additional training in specific mediation techniques that are case-specific;
  • Five years of legal practice or service as a judge;
  • "Substantial experience" in the types of cases referred to the mediator; and
  • Continuing legal education of six hours every two years.
What do you think of this program?  Too much training?  Not enough?  What about the "background" characteristics for a court-appointment--do they make sense?  Let me know.