new york state council on divorce mediation · community family and divorce mediator, co-trainer in...
TRANSCRIPT
May 5th – May 7th, 2016
Excelsior Springs at Courtyard by Marriott
Saratoga Springs, New York
New York State Council on
Divorce Mediation
33rd
Annual Conference
Transformations In Mediation
Thursday May 5th
11:00 to 12:00 Registration Desk Open
12:00 to 1:00 Lunch
1:30 to 5:30 Pre-Conference Presentation*
Building a Transformative Divorce Mediation Practice
Presenter: Louise Phipps Senft, Esq.
CLE Credits: 4.0 Skills
Many, if not most, divorce mediators use a “problem-solving” approach when working with couples who are seeking a separation or divorce. This approach is somewhat directive in nature and focuses on generating agreements between the couple.
However, in their seminal work, “The Promise of Mediation”, Robert A. Baruch Bush and Joseph P. Folger, suggest that this “problem-solving” approach neglects the most important dimension of the mediation process: the potential for people to change when they feel empowerment and recognition in their conflict. This approach, now known as Transformative Mediation, focuses more on the process rather than the agreement, with its core belief being that people have the capacity to change.
In this presentation, Louise will share with us some of the lessons she has learned from two decades spent as a pioneer of the transformative approach in divorce mediation: why establishing this approach mattered, why clients came and what they were looking for, and what they are looking for today.
Most importantly, Louise will offer a way to use the transformative approach in your own divorce mediation practice. This approach will allow you to not only create a marital settlement agreement that will withstand judicial scrutiny but is also likely to reduce the potential for future conflict between the couple by changing the way they interact with each other. Experience the Transformation Approach: better process leads to better outcomes.
*Separate Registration Required (see registration form for details)
6:00 to 7:00 Opening and New Member Reception
Meet and greet new Members, reconnect with
old friends (Hors d’oeuvres, Cash Bar)
7:00 to 9:00 Dinner and Awards; Meet our Keynote, Louise Phipps Senft, Esq.
Louise Phipps Senft is a lawyer and mediation expert who is best known for integrating transformative approaches to conflict into her work as a mediator, executive coach in negotiation and personality dynamics in the workplace, and trainer.
She founded the Baltimore Mediation Center in 1993, now Louise Phipps Senft and Associates/Baltimore Mediation, the first transformative mediation firm in Maryland. The firm offers mediation, facilitation for collaborative decision-making, and conflict resolution training with emphasis on mediator and negotiator self-awareness, on fostering quality interaction, recognition, and empowerment, and on informed decision-making.
With over 20 years’ experience Louise is recognized nationally and internationally for her elective design and delivery of conflict resolution and transformation skills training and for her mediation for organizations across all government, business and nonprofit sectors.
Louise Phipps Senft is the founder of the nonprofit ORANS: The Campaign for Relational Leadership and co-author of “Being Relational” an Amazon new release best-seller.
Friday May 6th
8:00 to 9:00 Breakfast
Case Consultations
(sign up in advance)
8:30 to 10:00 Registration Desk Open
9:00 to 10:30 Session 1
Session 1.1: Being Relational: The Seven
Ways to Quality Interaction and
Lasting Change
Presenter: Louise Phipps Senft, Esq.
CLE Credits: 1.5 Skills
Every interaction is a negotiation. The critical issue for us as a species is how we negotiate, how we connect and how we relate. In this breakout session we will explore the full spectrum of methods and attitudes needed to increase well-being and create lasting positive change for individuals, their families, their workplaces and for the planet.
Session 1.2: Social Media & Online Marketing:
Cross-Promotion Strategies
Presenters: Mark Bullock Vikram Rajan, B.A.
Social Media and Online (Web) marketing are all the rage these days. But how can you best leverage these free/low cost online services to gain you more referrals?
By leveraging your existing and soon-to-be VIP relationships in the online world, that's how. In this very practical and informative session, we'll discuss how you can synergistically tap into your VIP’s connections, networks, & relationships to expand your circle of influence (and they to yours), and your status as a Branded Expert. You'll learn how mutually beneficial actions like, co-authoring articles & newsletters, sharing valuable content with each other's networks, and online public endorsements, comments & ratings - can ramp up both of yours & your VIP’s results in the world of Word of Mouth marketing.
Session 1.3: An Introduction to Child Support Presenter: Elena Jaffe Tastensen, Esq.
CLE Credits: 1.5 Skills
Calculating basic child support: This introductory session will cover the basic Child Support Standards Act calculations, how to address add-ons, such as health insurance, uncovered medical expenses, and child care, and the factors that will allow clients to deviate from the basic child support amount under the Act. It will also examine the benefit of a needs-based approach to calculating child support- or “kids’ expenses”- and the pros and cons of using the CSSA versus a needs-based approach.
10:30 to 11:00 Break
11:00 to 12:30 Session 2
Session 2.1: Core Competencies
Presenter: Charlotte Carter, JD
CLE Credits: 1.5 Skills
As we become more competent and confident we also get better at guiding participants away from areas of potential impasse toward resolutions. This facility can lead us to miss signals and opportunities to explore strong emotions, differences in decision making or timing, or even subtle ethical dilemmas. I will draw on my training and experience as a community family and divorce mediator, co-trainer in Farm Family Divorce Mediation, and my more recent experience as a reinstated community mediator. Lessons from the field of behavioral economics will be interwoven, especially in the areas of the effects of emotional, cognitive and psychological factors on decision making. Participants will be engaged in a series of skills building exercises after a brief presentation on practical and theoretical background.
Session 2.2: Modification of Child Support
Presenter: Bill Hoefer, Esq.
CLE Credits: 1.5 Skills
This workshop will look into more advanced issues relating to child support, including how to deal with self-employed persons, bonus earners, un-reported income earners, modification of child support, what qualifies as a substantial change of circumstances, and lots more. Emphasis will be on how to handle these issues during the mediation process, and how to write the MOU/agreement so that it is clear and keeps the couple out of court.
Session 2.3: Practical and Effective Ways to
Market and Grow Your Divorce
Mediation Practice
Presenter: Patty Murray, B.A.
Whether you are a new divorce mediator or seasoned pro, marketing your practice needs to be an important part of your weekly, if not daily, routine. Especially challenging is the fact that once your work is done, clients usually move on and you are not likely to have repeat business or long-term associations with them. To help you market and grow your divorce mediation practice, this interactive session will explain simple, practical and cost-effective marketing strategies and tactics that will help you attract new clients. In addition, we will review free marketing tools available to you on NYSmediate.org.
12:30 to 2:00 Lunch
Annual Meeting
2:00 to 3:30 Session 3
Session 3.1: How Divorce Affects
Social Security
Presenters: Cynthia Branca, CFP
Carlo Cordasco, CRPC, CLTC, RICP
The Social Security decision is one of the most important decisions clients face about their retirement – a decision that could potentially result in accumulating hundreds of thousands of dollars in additional retirement income. Providing guidance for this important decision can help advisors strengthen existing client relationships, plus set the stage for a broader discussion about their clients’ retirement income plans. This presentation breaks down and simplifies the many rules and filing options for Social Security, and demonstrates how advisors can help clients make a suitable decision for their needs by analyzing and comparing different Social Security filing options.
Session 3.2: The Excitement of Ethics
Presenter: Rachel Fishman Green, Esq.
CLE Credits: 1.5 Ethics
Do the Model Standards for Family and Divorce Mediators get your heart pounding with excitement? Well, they should! In this class we will discuss actual complaints that have been referred to the Ethics Committee, and pitfalls to avoid, while weaving in reference to the Model Standards, so that you can use the Standards as your guide – and avoid those complaints in the future. We will explore the guidance that we get from the Model Standards – and help keep your
practice in line so that you can be the best mediator that you can be. Good mediation spreads the word (by example) about the benefits of mediation – not to mention you will avoid complaints from your clients (to you, and to all their cousins, friends and neighbors). We will also discuss the “difficult cases,” where sections of the Standards might contradict each other, and I’ll tell lots of jokes.
Session 3.3: Introduction to QDRO’s
Presenter: Tom Treacy, MPA, CFP
The Lois Rubin Memorial Presentation
If you’re a new or fairly new mediator, retirement plans that are divisible by Q/DRO can be one of the most daunting issues you will deal with in your practice. Understanding them so you can conduct an intelligent and meaningful conversation with your clients is crucial. Tom Treacy from QDRO Advisors, Inc. has been dealing with retirement plans and drafting QDRO’s for close to 30 years. He will walk you through the basic in’s and out’s of retirement plans in general, clarify the most important elements you need to know about them and explain what the heck the Majauskas formula is anyway and why you need to know it. Why it is so misunderstood by some of the most seasoned attorneys and mediators. Bring your questions, Tom will answer them. The doctor is IN!
3:30 to 4:00 Break
4:00 to 5:30 Plenary 1
Update on the Law
Presenter: Daniel R. Burns, Esq.
CLE Credits: 1.5 Professional Practice
Since no one is Abel to follow Steve I am not going to try. However, I will provide attendees at this year’s conference with a Review and Analysis of the significant cases that were decided during the past year. Topics will include marital and separate property, pensions and retirement accounts, valuation date, “inequitable” distribution, settlement agreements, the marital residence and a host of other cases that will help you provide your clients with the information they will need to make informed decisions.
6:30 to 8:00 Dinner
8:00 to 9:00 Auction & Raffle
9:00 to ? Dance Hour with
Zumba-Man Al Frankel
Saturday May 7th
8:00 to 9:00 Breakfast
Case Consultations
(sign up in advance)
9:00 to 10:30 Plenary 2
Navigating Narcissism
Presenter: Wendy T. Behary
CE Credits: 1.5 (Co-sponsored by R. Cassidy)
The complexities of the narcissist can amuse us and trigger our curiosity. Dealing with them can trigger a sense of inadequacy, ineffectiveness, and frustration. Learn how to manage your “buttons”, deepen your under-standing of narcissism- as a means of overcoming the obstacles when interacting with them, and maintaining the leverage necessary for optimal outcomes.
10:30 to 11:00 Break
11:00 to 12:30 Session 4
Session 4.1: Trade Union Retirement Plans
Presenter: Tom Treacy, MPA, CFP
For the more advanced mediator, we know that all retirement plans are NOT the same. Unions each have their own brand of specialty, not only in the plans them-selves but in the way they want the Q/DRO’s drafted and what is allowed or not allowed. Tom will discuss areas such as: How to know and why you want to know the difference between ERISA and Non-ERISA Plans; How union benefits are determined & what is the differences between them and others; How union members can have multiple plans through multiple unions and through multiple employers and what you need to know. What is SCAT? Who has SCAT and how to deal with it. You have questions? Tom has answers!
Session 4.2: What Makes a Great Mediator?
Presenters: Bridgette O’Connell, JD, M.S.W.
Krista Gottlieb, Esq.
CLE Credits: 1.5 Skills
In this interactive brainstorming session two experienced mediators will explore the qualities that make a great mediator. This session will include perspectives of media-tors from around the state and discuss the development and value of various qualities in diversified contexts, from the perspective of parties, advocates and mediators.
Session 4.3: Narcissism GPS – Strategic
Effectiveness Training
Presenter: Wendy T. Behary
CE Credits: 1.5 (Co-sponsored by R. Cassidy)
In this follow up workshop to the previous plenary, Wendy Behary will walk you through the hands-on, practical applications of how to “disarm the narcissist” in your mediation practice by vignettes and demonstrations of effective strategies such as: Empathic Confrontation… Limit-Setting… Self-Disclosure… and Preemptive Measures. You don’t want to miss this!
12:30 to 1:30 Lunch
1:30 to 3:00 Plenary 3
The New Spousal Maintenance Guidelines: An
Insiders Perspective
Presenter: Eric Tepper, Esq.
CLE Credits: 1.5 Skills
Our closing Plenary will be a presentation on the new spousal maintenance law by Eric Tepper, Esq. Eric served on the committee chaired by Judge Sunshine that was tasked with developing the new law. He will share his perspective on how the law developed and how the committee reconciled the views of the various groups that wanted a say on the new law. He will also discuss any recent decisions that have applied the law and give us his opinion on how he believes it will be applied by the courts in the future. Come with any questions you have since this promises to be an interactive session with one of the leaders of the New York matrimonial bar.
Continuing Education
Mental Health Professionals:
NYSCDM has been approved to
offer a combined 3 CE credits for
Wendy T. Behary’s two
presentations, co-sponsored by R.
Cassidy. For details, please contact
Kate Bar-Tur at
Continuing Legal Education
“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, 2015 – July 24. 2018.” 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.
ABOUT THE VENUE AND ROOM RESERVATIONS:
Excelsior Springs at Courtyard by Marriott located within walking distance of historic downtown
Saratoga Springs.
To learn more about this beautiful venue, visit http://www.excelsiorspringssaratoga.com/
Map and Directions: http://www.excelsiorspringssaratoga.com/location/map-directions
For Overnight Hotel Guests: A block of rooms is being held for NYSCDM Annual Conference
Attendees. The room rate is $159, which is significantly less than the going rate for that weekend.
Follow this link to reserve your room today!
Book your group rate for NYS Council on Divorce Mediation
Hotel Amenities:
Fitness Center
Indoor Pool
Whirlpool
Business Center
Concierge Service
Free WIFI throughout the hotel and guest rooms
Explore Beautiful Saratoga in Springtime:
Saratoga Horse Museum
Congress Park
Shopping and Dining in Downtown Saratoga Springs
Harness Track
Casino
Free Gift to the first 100 registrants!
REGISTRATION FORM:
NAME: ________________________________________________________________
ADDRESS: ________________________________________________________________
________________________________________________________________
PHONE: ________________________________________________________________
EMAIL: ________________________________________________________________
____I WOULD LIKE TO BECOME A NEW MEMBER, ENCLOSED IS $50.00 FOR DUES PRORATED TO 9/30/16.
PLEASE MAIL ME A MEMBERSHIP APPLICATION.
____I WOULD LIKE TO MAKE A DONATION TO THE NYS COUNCIL ON DIVORCE MEDIATION FOR PUBLIC AWARENESS.
ENCLOSED IS A CHECK IN THE AMOUNT OF $____________.
*MEMBERS OF OTHER STATE MEDIATION ORGANIZATIONS WHO DO NOT PRACTICE IN NEW YORK ARE ELIGIBLE FOR
NYSCDM MEMBER RATES.
**WE OFFER A $25 DISCOUNT FOR PRESENTERS.
Refund Policy:
Requests received by email or in writing by April 15th : Refund = amount paid, less $75 administrative fee.
No refunds will be granted after April 15th
Make Checks Payable to:
NYS Council on Divorce Mediation
Mail to: Barbara Badolato, NYSCDM
585 Stewart Ave. Suite 610
Garden City, NY 11530
OR
REGISTER AND PAY ONLINE AT:
http://nyscdm.org/conferences/
Join Now and Get Member Rates
Register by April 1 Register after April 1 Total
NYSCDM Members* $475 $545
Non-Members $525 $595
Member Pre-Conference* $95 $125
Non-Member Pre-Conference $120 $150
First Time Member Dues $50 $50
Friday Only $350 $350
Saturday Only $250 $250
Guests (meals only) $220 $220
One Day Guest (meals only) $120 $120
Presenter Discount** ($25) ($25)
Totals: