Ellie Wertheim

July 21, 2015 | New York Law Journal

In their Mediation column, Abby Tolchinsky and Ellie Wertheim write: While there has been a seismic shift in the legal definition of marriage, there has not yet followed a full understanding of how courts will address the legal definition of parent in same-sex families. In other words, the biological imperative coexists now in tension with the legal.

By Abby Tolchinsky and Ellie Wertheim

8 minute read

July 20, 2015 | New York Law Journal

In their Mediation column, Abby Tolchinsky and Ellie Wertheim write: While there has been a seismic shift in the legal definition of marriage, there has not yet followed a full understanding of how courts will address the legal definition of parent in same-sex families. In other words, the biological imperative coexists now in tension with the legal.

By Abby Tolchinsky and Ellie Wertheim

8 minute read

March 17, 2015 | New York Law Journal

In their Mediation column, Abby Tolchinsky and Ellie Wertheim write: In the midst of conflict, parties often express strong, entrenched positions. The communication skills of a mediator are designed to go beneath those positions, thereby creating progress in the negotiation process.

By Abby Tolchinsky and Ellie Wertheim

8 minute read

March 16, 2015 | New York Law Journal

In their Mediation column, Abby Tolchinsky and Ellie Wertheim write: In the midst of conflict, parties often express strong, entrenched positions. The communication skills of a mediator are designed to go beneath those positions, thereby creating progress in the negotiation process.

By Abby Tolchinsky and Ellie Wertheim

8 minute read

December 11, 2014 | New York Law Journal

In their Mediation column, Abby Tolchinsky and Ellie Wertheim write: Unlike a judge, a conflict resolution neutral's take on the substance of a conflict is of little import. The work is to help the parties see the conflict as if stepping into the other's shoes, in order to arrive at a compromise solution. Therefore, as a baseline, we do not hold confidences of one party from another. But there are circumstances and types of mediations where caucus can be productive.

By Abby Tolchinsky and Ellie Wertheim

8 minute read

July 28, 2014 | New York Law Journal

In their Mediation column, Abby Tolchinsky and Ellie Wertheim, partners at Family Mediation, write: The extent to which emotion—be it fear of mistake on the global stage or mistrust rooted in family betrayals—is engaged and taken into account is an essential task of the mediator. Failure to do so limits the mediator's connection to the parties and impedes the possibility for resolution.

By Abby Tolchinsky and Ellie Wertheim

9 minute read

March 12, 2014 | New York Law Journal

In their Mediation column, Abby Tolchinsky and Ellie Wertheim, partners at Family Mediation, write that whether your client is already deep into a mediation process or whether mediation is merely on the menu of process options to resolve a pending dispute, some considerations apply regardless of the type of conflict.

By Abby Tolchinsky and Ellie Wertheim

7 minute read

November 04, 2013 | New York Law Journal

In their Mediation column, Abby Tolchinsky and Ellie Wertheim, partners at Family Mediation, discuss a new book by former governor of New Mexico and U.S. ambassador to the United Nations Bill Richardson that provides many lessons to keep in mind when trying to reach an agreement with an adversary, particularly one who seems mercurial and irrational at best.

By Abby Tolchinsky and Ellie Wertheim

8 minute read

August 02, 2013 | New York Law Journal

In their Mediation column, Abby Tolchinsky and Ellie Wertheim, partners at Family Mediation, write about a dimension to mediation being explored called "child-focused" mediation, and discuss the benefits and risks inherent when children participate in the mediation process.

By Abby Tolchinsky and Ellie Wertheim

10 minute read

April 09, 2013 | New York Law Journal

In their Mediation column, Abby Tolchinsky and Ellie Wertheim, partners at Family Mediation, write: In 'Lean In,' Sheryl Sandberg ascribes to women's negotiating style a menu of techniques that combine likability and assertiveness. Women, she says, need to be nice while being relentless in pursuit of their goals. This involves, "invoking common interests, emphasizing larger goals, and approaching the negotiation as solving a problem, as opposed to taking a critical stance." All resonate in the understanding-based model of mediation.

By Abby Tolchinsky and Ellie Wertheim

8 minute read