NJSBA Family Law Section

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mediation certification

  • 1.  mediation certification

    Posted 01-27-2016 04:59 PM
    I recently received a form from the AOC updating the Family Practice Division's Economic Mediator Roster.  I have been accredited since 1990 when Seton Hall ran its first program. 
     
    There is now a requirement pursuant to Rule 1:40-12(b)(2) for continuing training of four hours per year and fililng an annual certification of compliance. 
     
    Does anyone know who offers this training?  Has everyone else been complying with this requirement?

    Lawrence D. Forster
    Forster & Arbore
    Attorneys at Law
    P.O. Box 461
    Main Street at Route 10
    Ledgewood, NJ  07852
    Tel: (973) 584-1501
    Fax: (973) 584-3150
     
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  • 2.  RE: mediation certification

    Posted 01-27-2016 05:04 PM

    yes Larry.  I was qualified as a mediator in 2008 and since that time the rule has required the 4 hours each year.  the Office of Public Defender Dispute Resolution Section offers many dates during the year and also Union County civil division usually puts on a free one in May each year.  I also took an NJICLE mediation seminar last year that qualified for the 4 hours.

     

    I received the same form and sent it back yesterday.

     

    Alice M. Plastoris, Esq.

    82 Speedwell Avenue

    Morristown, New Jersey 07960

    973-538-7070

    973-538-7088 Fax

    [email protected]

     






  • 3.  RE: mediation certification

    Posted 01-27-2016 05:07 PM

    ICLE has an advanced mediation workshop each year. Last year it was May 18th. This year it  going to be scheduled June 6th.

     

    Amy Zylman Shimalla, Esq.

    908-753-3833

    908-753-4189 (fax)

    www.swldfamilylaw.com

     

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  • 4.  RE: mediation certification

    Posted 01-27-2016 05:48 PM

    First I have heard of it.

     

    Robert E. Goldstein, Esq.
    Drescher & Cheslow, P.A.

    610 Bridge Plaza Drive

    Manalapan, NJ 07726

    (732) 972-1600
    Fax (732) 972-0038
    E-mail: [email protected]
    Member, Middlesex County Bar Association, New Jersey Association for Justice and New Jersey State Bar Association

         

     

    IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding any tax penalty or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

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    .

     






  • 5.  RE: mediation certification

    Posted 01-27-2016 05:51 PM

    Hi Bob--although the Rule has  been in place as Alice indicated-- it seems that this is the first time we have been asked to prove compliance.

     

    Amy Zylman Shimalla, Esq.

    908-753-3833

    908-753-4189 (fax)

    www.swldfamilylaw.com

     

    This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. E-mail transmission cannot be guaranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender therefore does not accept liability for any errors or omissions in the contents of this message, which arise as a result of e-mail transmission. If verification is required please request a hard-copy version.

     






  • 6.  RE: mediation certification

    Posted 01-28-2016 10:20 AM

    Thanks, Amy. It appears that's the case.

    I was admitted to the roster last year after taking the required 40 hour course in the fall of 2014.

    I applied for admission in January, 2015, I believe, and it took the committee in charge of admitting mediators to the roster at least 6 months to approve my admission, after several follow ups by me. I was told that the committee was short-handed and until they had a full compliment of committee members, they were not taking any action on the pending applications.

    See you Saturday?

    ------------------------------
    Robert Goldstein Esq.
    Manalapan NJ
    (732)972-1600



  • 7.  RE: mediation certification

    Posted 01-28-2016 07:56 AM

    Me too on the Seton Hall program accreditation, and an externship right after that. I received the form just yesterday, eagerly filled out the form, flipped it over, saw the extra requirement, checked the Rule and said my-oh-my, looks like I missed that one after doing economic mediations since the early 90's. Drat. I wonder if they would allow some grace time to comply without taking us off the roster. I don't know.

    ------------------------------
    Curtis Romanowski Esq.
    Senior Attorney - Proprietor
    Metuchen NJ
    (732)603-8585



  • 8.  RE: mediation certification

    Posted 01-28-2016 03:24 PM

    Ditto, except I haven't been on the roster for several decades. Nobody breathed a word about this until the notice came out. ICLE is offering an on-demand course "Ethics for Advocates and Neutrals in Alternative Dispute Resolution" but it's only 3.3 hours. Dang. Double dang. What can be done??

     

     

    Pamela M. Copeland, Esq.

    Certified Matrimonial Attorney

    Divorce and Family Mediator

    Collaborative Professional

    775 Mountain Blvd., Suite 208

    Watchung, NJ 07069

    [email protected]

    www.CopelandLawNJ.com

    908-561-6800

    908-561-6801 (fax)

    Like us on Facebook: http://tinyurl.com/cnwalz3

     






  • 9.  RE: mediation certification

    Posted 01-28-2016 03:39 PM
    NJICLE is running an Advanced Divorce Mediation Program on June 6 which satisfies the requirements of the Court Rule.  There also will probably be a program on March 14.  This earlier date will be confirmed shortly. It will be posted on NJICLE's website. 


    Judith Knopf





  • 10.  RE: mediation certification

    Posted 01-28-2016 03:50 PM

    Thanx, Judy, but that doesn't help those of us who were clueless prior to this notice. It is supposed to be returned by Sunday, January 31, 2916, unless, as suggested, a grace period is implemented.

     

    In my prior post I forgot to add that I was thrilled to fill out the first page of that notice to correct my contact info – half of which is incorrect despite my multiple efforts to fix it – and also my choice of counties. Hudson?! I don't even know the way there!! It's right next to the Hunterdon check-off box on the form and they both start with "H" . . . . . Then, like Curt, I turned it over and repeat, Dang! Double Dang! What can be done??

     

    Pamela M. Copeland, Esq.

    Certified Matrimonial Attorney

    Divorce and Family Mediator

    Collaborative Professional

    775 Mountain Blvd., Suite 208

    Watchung, NJ 07069

    [email protected]

    www.CopelandLawNJ.com

    908-561-6800

    908-561-6801 (fax)

    Like us on Facebook: http://tinyurl.com/cnwalz3

     






  • 11.  RE: mediation certification

    Posted 01-28-2016 04:18 PM
    If you took the DV mediation training that would work.

    Sent from my iPhone




  • 12.  RE: mediation certification

    Posted 01-28-2016 08:17 PM
    I believe this has always been a requirement. The request for a certification hasn't been made in a while but I believe we always had the obligation 

    Anna-Maria Pittella
    Sent from my iPhone





  • 13.  RE: mediation certification

    Posted 01-28-2016 08:18 PM
    You are correct. 

    Bonnie Blume Goldsamt, MA, JD, APM
    NJ and NY Attorney
    Federal Dist Court of NJ Mediator
    NJ Superior Court Approved Rule 1:40 Mediator 
    Private Divorce & Civil Mediator 
    Mediation Trainer
    Arbitrator
    Collaborative Law Professional 

    25 Pompton Avenue, Suite 101
    Verona, NJ  07044
    - and -
    (973) 857-6220 tel
    One University Plaza, Suite 14
    Hackensack, NJ  07601






  • 14.  RE: mediation certification

    Posted 01-28-2016 08:53 PM

    I agree with Bob. Just because we had the requirement, that nobody knew about, doesn't mean that it makes any sense. Is watching a $300 seminar really going to effect anybody's ability as a mediator, considering the time and effort it took to get certified in the first place? Money grab is an apt description

    ------------------------------
    Frank Tournour Esq.
    East Brunswick NJ
    (732)418-9772



  • 15.  RE: mediation certification

    Posted 01-29-2016 08:18 AM

    I would love to know who's been coming up with these money grabbing ideas. It's like a sinking row boat with one paddle in the clients' pockets and the other in the lawyers'. Like many of our colleges, I've been mediating for a while (going back to 1982 for the AAA). This four credit thing is just artificially creating training business. As to the DV stuff, I for one went through a 16 week program to become certified as a DV counselor back in 1995 and was on the Navy's DV Committee dating back to the 80's as well. DO I really believe that a two-day seminar without extensive guided practice is going to suffice? No,,, not at all. It all reminds me of, back in the early 80's there was a huge move on to get rid of LPNs in favor of RNs with college degrees, who weren't all that crazy about hands-on nursing care by comparison. They called it a "structural requirement." What all this really amounts to is a collection of "proxies" for the real thing: professional ability and competence. End of tirade.

    ------------------------------
    Curtis Romanowski Esq.
    Senior Attorney - Proprietor
    Metuchen NJ
    (732)603-8585



  • 16.  RE: mediation certification

    Posted 01-28-2016 06:41 PM

    Another money grab. Citizens of the Bar, unite!

     

    Robert E. Goldstein, Esq.
    Drescher & Cheslow, P.A.

    610 Bridge Plaza Drive

    Manalapan, NJ 07726

    (732) 972-1600
    Fax (732) 972-0038
    E-mail: [email protected]
    Member, Middlesex County Bar Association, New Jersey Association for Justice and New Jersey State Bar Association

         

     

    IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding any tax penalty or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

    Privileged Information: This message, together with any attachments, is intended only for the use of the individual or entity to which it is addressed and may contain information that is legally privileged, confidential and/or exempt from disclosure. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution, or copying of this message, or any attachment, is strictly prohibited. If you have received this message in error, please delete this message, along with any attachments, from your computer. Thank you
    .

     






  • 17.  RE: mediation certification

    Posted 01-29-2016 10:10 AM

    Amen, Brother Bob!!

     

    Pamela M. Copeland, Esq.

    Certified Matrimonial Attorney

    Divorce and Family Mediator

    Collaborative Professional

    775 Mountain Blvd., Suite 208

    Watchung, NJ 07069

    [email protected]

    www.CopelandLawNJ.com

    908-561-6800

    908-561-6801 (fax)

    Like us on Facebook: http://tinyurl.com/cnwalz3

     






  • 18.  RE: mediation certification

    Posted 01-29-2016 09:25 AM

    This rule has been on the books for well over a decade.  Not sure why people are first discovering it now.

    The idea behind the requirement is similar to mandatory CLE. If we are professionals, we should commit to lifelong learning, for the benefit of our customers.

    Not everyone agrees with that. Some say "If you force CPE'S on people, they won't learn."

    I say, if you are a doctor and you want to put your hands on me for money, I want to know that you continue to study developments in your field.

    That said, there is no CPE requirement for folks who mediate outside the court referral list.  If people hate the idea of paying annual fees for mediation updates; and/or, like me, strongly oppose providing 2 free hours for every mediation referred; stop complaining and drop off the list. Vote with your feet.

    Hanan


    hanan.gif

    Hanan M. Isaacs, Esq.

     

    t 609.683.7400   f 609.921.8982

    e [email protected]   w www.hananisaacs.com

    4499 Route 27, Kingston NJ






  • 19.  RE: mediation certification

    Posted 01-29-2016 11:52 AM

    Hana:

     

    I am on the court roster in Middlesex and Monmouth. I have not received a letter. It seems to me that at the very least, as Pam Copeland pointed out, they should be required to wait until a course is given. That's a no-brainer.

     

    What proof will they accept that you mediate outside of the court roster and in what form will they accept it. A certification as with our CLE requirements?

     

    Robert E. Goldstein, Esq.
    Drescher & Cheslow, P.A.

    610 Bridge Plaza Drive

    Manalapan, NJ 07726

    (732) 972-1600
    Fax (732) 972-0038
    E-mail: [email protected]
    Member, Middlesex County Bar Association, New Jersey Association for Justice and New Jersey State Bar Association

         

     

    IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding any tax penalty or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

    Privileged Information: This message, together with any attachments, is intended only for the use of the individual or entity to which it is addressed and may contain information that is legally privileged, confidential and/or exempt from disclosure. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution, or copying of this message, or any attachment, is strictly prohibited. If you have received this message in error, please delete this message, along with any attachments, from your computer. Thank you
    .

     






  • 20.  RE: mediation certification

    Posted 01-29-2016 12:12 PM

    The question I have is what CLE qualifies.  The categories in the form we just received are very broad and not found on the CLE Certificate of Attendance forms that we all receive after attending a seminar. The form just received from the Family Practice Division requests that we certify that we've completed CLE in "ethical issues associated with mediation practice, program guidelines and/or case management."  The form than asks (in an almost contradictory way) to list the CLE taken and categorize it as either (1) "Case Management Skills" or (2) "Mediation and Negotiation Concepts and Skills."  These categories are found nowhere on Certificate of Attendance received after attending a seminar. The Certificate of Attendance simply states the format of the seminar and then breaks down the number of credits applicable to either "CLE credits" or "Ethics/Professionalism credits".  The Certificate of Attendance also states what substantive areas the course qualifies for including the following: civil trial law, workers' comp law, criminal trial law, municipal court law and matrimonial law.  In my humble opinion, almost all matrimonial CLE includes one or both of the following: (1) "Case Management Skills" and (2) "Mediation and Negotiation Concepts and Skills."

     

    Chuck Vuotto

    Tonneman, Vuotto, Enis & White, LLC

    14 Cliffwood Avenue, Suite 100

    Matawan, NJ 07747

    Work# 732-696-2500

    Fax# 732-696-2499

    vuotto.com and tvelaw.com

     






  • 21.  RE: mediation certification

    Posted 01-29-2016 01:01 PM

    UR right, Chuck.

    ------------------------------
    Curtis Romanowski Esq.
    Senior Attorney - Proprietor
    Metuchen NJ
    (732)603-8585



  • 22.  RE: mediation certification

    Posted 01-29-2016 01:30 PM

    Thanks Curt

     

    Chuck Vuotto

    Tonneman, Vuotto, Enis & White, LLC

    14 Cliffwood Avenue, Suite 100

    Matawan, NJ 07747

    Work# 732-696-2500

    Fax# 732-696-2499

    vuotto.com and tvelaw.com

     






  • 23.  RE: mediation certification

    Posted 01-29-2016 12:08 PM

    Bobby

    I am not saying that private mediation satisfies the annual training Rule.

    You can take 4 hours of continuing mediation ed from any AOC approved providers.

    HMI







  • 24.  RE: mediation certification

    Posted 01-29-2016 12:33 PM

    Chuck

    Much like FLS Symposium and other CLE offerings satisfying Certified Matrimonial Practice requirements, NJAPM Divorce Mediation annual offerings (annual conference, annual updates) will satisfy the requirements, including ethics. 

    Hanan