Ellie Wertheim

March 27, 2012 | New York Law Journal

In their Mediation column, Abby Tolchinsky and Ellie Wertheim, partners at Family Mediation, write that with the baby boom generation entering the graying years, large swaths of the population will be facing such issues as conflict between a caregiver and an elderly person; conflict among siblings as to decision-making, estate planning, visiting, family business; and guardianship in the years ahead.

By Abby Tolchinsky and Ellie Wertheim

8 minute read

December 02, 2011 | New York Law Journal

Family Mediation partners Abby Tolchinsky and Ellie Wertheim sum up the recent NBA lockout, the negotiations between players and owners, and discuss the common goal that enabled them, at the 11th hour, to reach an agreement.

By Abby Tolchinsky and Ellie Wertheim

9 minute read

November 29, 2012 | New York Law Journal

In their Mediation column, Abby Tolchinsky and Ellie Wertheim, partners at Family Mediation discuss how parties in family mediation are grappling with the effects of unemployment, home devaluation, and sky-rocketing educational expenses more than ever. Therefore, while mediators are accustomed to eliciting values and goals, and often reflecting those in the final settlement agreement, the motivation to do so may have a broader implication going forward.

By Abby Tolchinsky and Ellie Wertheim

8 minute read

August 30, 2012 | New York Law Journal

In their Mediation column, Abby Tolchinsky and Ellie Wertheim, partners at Family Mediation, write that in a typical mediation, the process happens in the context of a complex, interdependent range of issues. A final resolution on any one issue often depends on give and take in some other area. But sometimes, a single issue dominates, and there is no counter-balancing issue that provides a basis for negotiating or trading.

By Abby Tolchinsky and Ellie Wertheim

8 minute read

November 13, 2007 | New York Law Journal

Abby Tolchinsky and Ellie Wertheim, partners at Family Mediation, write that if parties to mediation suspected that their statements could be used against them in a subsequent proceeding, they would be reluctant to deal with one another honestly in discussing various options for settling their conflict, or disinclined to participate in mediation at all, which is why a recent decision compelling a mediator to testify at deposition is so troubling.

By Abby Tolchinsky and Ellie Wertheim

10 minute read

December 18, 2008 | New York Law Journal

Abby Tolchinsky and Ellie Wertheim, partners at Family Mediation, write that in much the way practitioners have used mediation to defray clients' costs and relieve over-burdened court dockets, they recently have been expanding the use of collaborative practice for the same goals. According to the New York Association of Collaborative Professionals, the collaborative practice of law is, "a way of practicing law whereby the lawyers for both of the parties to a family dispute agree to assist the parties in resolving conflict using cooperative strategies rather than adversarial techniques and litigation."

By Abby Tolchinsky and Ellie Wertheim

9 minute read

March 29, 2010 | New York Law Journal

Abby Tolchinsky and Ellie Wertheim, partners at Family Mediation, write that restorative Justice is generally defined as an approach to criminal offenses that shifts the focus away from the punitive toward the effect of the criminal behavior on the victims, offenders and their communities.

By Abby Tolchinsky and Ellie Wertheim

9 minute read

March 29, 2011 | New York Law Journal

In their Mediation column, Family Mediation partners Abby Tolchinsky and Ellie Wertheim provide ways for parties, mediators and attorneys to avoid potential pitfalls, means to resolve conflicts, and techniques to identify various personalities to keep in mind when entering arbitration.

By Abby Tolchinsky and Ellie Wertheim

8 minute read

December 13, 2010 | New York Law Journal

In their Mediation feature, Abby Tolchinsky and Ellie Wertheim of Family Mediation discuss whether there are cases involving domestic violence in which mediation may still be appropriate, what such a case might actually look like, and who makes the determination that mediation is a reasonable option.

By Abby Tolchinsky and Ellie Wertheim

8 minute read

February 18, 2009 | New York Law Journal

Abby Tolchinsky and Ellie Wertheim, partners at Family Mediation, discuss the amendments to the Domestic Relations Law and the Family Court Act mandating that judges hearing custody and visitation cases in which there has been a temporary order in place for more than a month conduct checks of: related abuse or neglect proceedings; statewide registries of orders of protection and warrants of arrest; and sex offender registries, and the effects these amendments may have on mediation negotiations undertaken while an action is pending.

By Abby Tolchinsky and Ellie Wertheim

8 minute read