Ellie Wertheim

August 28, 2018 | New York Law Journal

An important component of cultivating understanding of the parties' perspectives: the mediator must be aware of the biases that influence parties' behavior in the face of conflict.

By Abby Tolchinsky and Ellie Wertheim

8 minute read

April 10, 2018 | New York Law Journal

Impressed by Judge Dan Polster's commitment to the mediation process and what are clearly exceptional skills, Mediation columnists Abby Tolchinsky and Ellie Wertheim had the opportunity to speak with the judge about his theory and process. While all mediators help parties come to autonomous resolutions, his unique methodology entails employing the gravitas of the robe.

By Abby Tolchinsky and Ellie Wertheim

8 minute read

December 12, 2017 | New York Law Journal

Mediation columnists Abby Tolchinsky and Ellie Wertheim write: While resolution of harassment claims with monetary settlements and non-disclosure agreements provide some recourse, several questions are left open. Namely: How can a victim's voice and story be heard? How should a perpetrator be held accountable? What is the effect of non-disclosure agreements on the deterrence of future (mis)conduct by the perpetrator?

By Abby Tolchinsky and Ellie Wertheim

8 minute read

August 24, 2017 | New York Law Journal

Mediation columnists Abby Tolchinsky and Ellie Wertheim write that they are often regaled with stories of high conflict divorce cases where the parties "never could have mediated." But contrary to conventional wisdom, cases presenting deeply fraught dynamics and complex fact patterns are routinely resolved in direct negotiations.

By Abby Tolchinsky and Ellie Wertheim

16 minute read

April 11, 2017 | New York Law Journal

Mediation columnists Abby Tolchinsky and Ellie Wertheim discuss how mediators can help parties achieve their mutual and thoughtful goals while the ground beneath them has changed unpredictably, whether it's a discussion between business partners when one wants to retire early, or between co-parents when one has a job opportunity overseas. How does a mediator address the shifting circumstances, if not the shifting goals and values?

By Abby Tolchinsky and Ellie Wertheim

16 minute read

December 06, 2016 | New York Law Journal

In their Mediation column, Abby Tolchinsky and Ellie Wertheim lay out tools mediators routinely use when parties arrive at positions that seem intractable and incompatible. Among them, to brainstorm in as unhampered a manner as possible, without judgment or restraint. "Indeed, we even encourage the parties to suggest options that they knowingly would reject," they write. Looking at aspects of an idea one does not want sharpens one's thinking. What is wrong with that idea?

By Abby Tolchinsky and Ellie Wertheim

15 minute read

August 25, 2016 | New York Law Journal

Mediators Abby Tolchinsky and Ellie Wertheim share insights on helping parties move past impasse. This involves going beneath the dynamic and the facts on the ground using a variety of techniques which they discuss in the article.

By Abby Tolchinsky and Ellie Wertheim

15 minute read

April 13, 2016 | New York Law Journal

In their Mediation column, Abby Tolchinsky and Ellie Wertheim write: For years, attorneys and judges have grappled with creating a standard of fairness upon which parties may rely that provides sufficient flexibility so that cases may be tailored to each family's unique budgetary needs. As mediators, we have similarly struggled. Now courts are firmly in the era of DRL §236B(6), which provides a formula for post-divorce maintenance and guidelines for duration. We believe that in the context of mediation, it will serve as a societal standard of fairness.

By Abby Tolchinsky and Ellie Wertheim

18 minute read

December 09, 2015 | New York Law Journal

In their Mediation column, Abby Tolchinsky and Ellie Wertheim review a groundbreaking study that provides great insight into what mediator strategies and techniques are most (and least) effective for parties in various degrees and stages of conflict.

By Abby Tolchinsky and Ellie Wertheim

8 minute read

December 08, 2015 | New York Law Journal

In their Mediation column, Abby Tolchinsky and Ellie Wertheim review a groundbreaking study that provides great insight into what mediator strategies and techniques are most (and least) effective for parties in various degrees and stages of conflict.

By Abby Tolchinsky and Ellie Wertheim

8 minute read