December 07, 2021 | New York Law Journal
Mediation Insights From the Front LinesRegardless of whether you use these skills in conducting a mediation or as an attorney directing aspects of various communications, Abby Tolchinsky and Ellie Wertheim leave you, in their valedictory Mediation column, with insights from the front lines.
By Abby Tolchinsky and Ellie Wertheim
8 minute read
August 25, 2021 | New York Law Journal
Mediation Provides a Neutral Forum in Guardianship MattersIn this edition of their Mediation column, Abby Tolchinsky and Ellie Wertheim consider the types of conflicts that arise in guardianship cases, and when mediation may offer an opportunity for an alternate means of assessing and meeting the needs of the ward and other parties.
By Abby Tolchinsky and Ellie Wertheim
8 minute read
April 29, 2021 | New York Law Journal
Insights and Lessons for Resolving High Conflict MattersFor mediation practitioners, the work of addressing and resolving high conflict is familiar. In this edition of their Mediation column, Abby Tolchinsky and Ellie Wertheim draw lessons from two recent hit books that lend insight into how we behave—and how we can adjust behavior.
By Abby Tolchinsky and Ellie Wertheim
8 minute read
December 15, 2020 | New York Law Journal
Community Lawyering and Mediation: A Complementary Legal PracticeWhile there is always a role for the traditional, case-oriented legal work of addressing grievances one case, complaint, or client at a time, this moment of far-reaching and deep need calls for solutions on a broad scale. Enter community lawyering: a less conventional, more expansive model of legal practice.
By Abby Tolchinsky, Ellie Wertheim and Sarah Perlman
8 minute read
August 18, 2020 | New York Law Journal
Mediation in the PandemicIn their Mediation column, Abby Tolchinsky and Ellie Wertheim explain how mediation is a natural enclave for parties handling all types of conflict, particularly in these fraught times. They show that mediators are uniquely positioned to assist parties in this overwhelming moment of crisis.
By Abby Tolchinsky and Ellie Wertheim
8 minute read
April 21, 2020 | New York Law Journal
Family and Dispute Resolution in Pandemic TimesIn their Mediation column, Abby Tolchinsky and Ellie Wertheim write: Mediation is a tool that lends itself to these critical pandemic times—for families previously living with great levels of tension and conflict, the chance to have a facilitated conversation and ease the pressure can help spare them added anxiety and even resolve or preclude anger.
By Abby Tolchinsky and Ellie Wertheim
8 minute read
December 10, 2019 | New York Law Journal
Tackle Communication Challenges To Achieve UnderstandingIn their Mediation column, Abby Tolchinsky and Ellie Wertheim consider how some mediation skills may provide opportunities for attorneys who are engaging in difficult conversations to find areas for connection and understanding, if not for agreement.
By Abby Tolchinsky and Ellie Wertheim
7 minute read
August 27, 2019 | New York Law Journal
Presumptive ADR: A Sea Change for Litigants and PractitionersIn their Mediation column, Abby Tolchinsky and Ellie Wertheim write: "For several years, on an ad-hoc basis, Alternative Dispute Resolution programs have been in place in various courts throughout New York State. While all of these, and others, represent a wide-ranging definition of ADR and will certainly continue to shape settlements across the legal spectrum, we now find ourselves at a new moment."
By Abby Tolchinsky and Ellie Wertheim
8 minute read
April 09, 2019 | New York Law Journal
Can a Robot Mediator Really Provide a Win-Win Result?Mediation columnists Abby Tolchinsky and Ellie Wertheim learned of a “fascinating AI application that provides a semblance of mediation” and they ask the question: How might a machine replicate the work of facilitating an autonomous, values-based, and personalized process? How might a machine augment—if not replace—the work of the mediator?
By Abby Tolchinsky and Ellie Wertheim
8 minute read
December 11, 2018 | New York Law Journal
Addressing Human Rights Violations With MediationMediation columnists Abby Tolchinsky and Ellie Wertheim write: The international human rights community is contemplating a role for mediation in redressing a subset of human rights violations.
By Abby Tolchinsky and Ellie Wertheim
8 minute read