NJSBA Family Law Section

I believe NJ ICLE is doing the training and there is no conceivable way, IMO, considering all the painstaking measures that have to be taken in the various studies and reports I've read over the past 20+ years of interest, that whatever training they have in store is going to suffice. No way! People will get their CLE credits, ICLE will make some money, lawyers will get some extra work, etc., all at the expense of an unwary public. It is challenging enough dealing with true victims, even where the outcome is pursued without ADR. Many live their lives in a metaphorical dungeon, and many suffer something along the lines of Stockholm Syndrome.

Sad conclusion. Using your words: "A dumb pilot, poorly conceived, without the protections I discussed above, is bound to fall. A single DV incident would blow it away like the dust."  

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

Great question, Curt.

New York State had an ongoing program for such cases. I do not know it's current status. When I learned about it, here were strict guidelines and mental health people involved.
.
I met a NJ therapist mediator from South Jersey many years ago who did this work routinely. She felt that with proper training and safeguards it could be done.
Here is the issue.

Domestic violence is a label we use to cover a spectrum of behavior. It is not all the same.

People who are victims of domestic violence sometimes want to work out their issues with the aggressor without major court involvement. To say no to all of these folks may paint with too broad a brush.

I have no idea how the pilot in NJ is proposed to be run. If cases are properly screened; if mediators are properly qualified and trained; if the mediation is properly structured, using shuttle diplomacy rather than face to face party meetings in cases where they should be kept separate; where security/metal detection/law enforcement are available and in place; and where emergency services are available to the victim throughout the process if something should happen offsite; then I am in favor of a pilot.
Litigation is not kind to DV victims either, and is no assurance of protection. Gubernat had anger issues too.

A dumb pilot, poorly conceived, without the protections I discussed above, is bound to fall. A single DV incident would blow it away like the dust.

Hanan


Hanan M. Isaacs, Esq.

t 609.683.7400609.683.7400 f 609.921.8982
e [email protected] w www.hananisaacs.com
4499 Route 27, Kingston NJ
On a totally random note -- my calling card -- I received a mailing a few weeks ago, announcing a pilot program involving mediating cases where there are domestic violence restraining orders in place. Half a million years ago, when I was doing a presentation for you at an ADR Section meeting, we were discussing how grossly ill-advised it was to mediate under these circumstances, no matter how it is done; separate rooms, armor, etc. I am sure you've read as much professional literature on topic as I have. What are your current views? I am personally leaning toward boycotting such a pilot program as imbecilic, but I am always open to discussion.

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

In Middlesex County, Women Aware DVRT counselors and police liaisons receive 40 hours of training to understand the dynamics; and that is without any mediation training.

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Shelley J. Pedersen, Esq.
Jamesburg, NJ 08831
(732) 641-2069
[email protected]


Original Message:
Sent: 08-15-2015 09:47
From: Curtis Romanowski
Subject: Proposed Domestic Violence Mediation Program

I believe NJ ICLE is doing the training and there is no conceivable way, IMO, considering all the painstaking measures that have to be taken in the various studies and reports I've read over the past 20+ years of interest, that whatever training they have in store is going to suffice. No way! People will get their CLE credits, ICLE will make some money, lawyers will get some extra work, etc., all at the expense of an unwary public. It is challenging enough dealing with true victims, even where the outcome is pursued without ADR. Many live their lives in a metaphorical dungeon, and many suffer something along the lines of Stockholm Syndrome.

Sad conclusion. Using your words: "A dumb pilot, poorly conceived, without the protections I discussed above, is bound to fall. A single DV incident would blow it away like the dust."  

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

Great question, Curt.

New York State had an ongoing program for such cases. I do not know it's current status. When I learned about it, here were strict guidelines and mental health people involved.
.
I met a NJ therapist mediator from South Jersey many years ago who did this work routinely. She felt that with proper training and safeguards it could be done.
Here is the issue.

Domestic violence is a label we use to cover a spectrum of behavior. It is not all the same.

People who are victims of domestic violence sometimes want to work out their issues with the aggressor without major court involvement. To say no to all of these folks may paint with too broad a brush.

I have no idea how the pilot in NJ is proposed to be run. If cases are properly screened; if mediators are properly qualified and trained; if the mediation is properly structured, using shuttle diplomacy rather than face to face party meetings in cases where they should be kept separate; where security/metal detection/law enforcement are available and in place; and where emergency services are available to the victim throughout the process if something should happen offsite; then I am in favor of a pilot.
Litigation is not kind to DV victims either, and is no assurance of protection. Gubernat had anger issues too.

A dumb pilot, poorly conceived, without the protections I discussed above, is bound to fall. A single DV incident would blow it away like the dust.

Hanan


Hanan M. Isaacs, Esq.

t 609.683.7400609.683.7400 f 609.921.8982
e [email protected] w www.hananisaacs.com
4499 Route 27, Kingston NJ
On a totally random note -- my calling card -- I received a mailing a few weeks ago, announcing a pilot program involving mediating cases where there are domestic violence restraining orders in place. Half a million years ago, when I was doing a presentation for you at an ADR Section meeting, we were discussing how grossly ill-advised it was to mediate under these circumstances, no matter how it is done; separate rooms, armor, etc. I am sure you've read as much professional literature on topic as I have. What are your current views? I am personally leaning toward boycotting such a pilot program as imbecilic, but I am always open to discussion.

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

I believe NJ ICLE is doing the training and there is no conceivable way, IMO, considering all the painstaking measures that have to be taken in the various studies and reports I've read over the past 20+ years of interest, that whatever training they have in store is going to suffice. No way! People will get their CLE credits, ICLE will make some money, lawyers will get some extra work, etc., all at the expense of an unwary public. It is challenging enough dealing with true victims, even where the outcome is pursued without ADR. Many live their lives in a metaphorical dungeon, and many suffer something along the lines of Stockholm Syndrome.

Sad conclusion. Using your words: "A dumb pilot, poorly conceived, without the protections I discussed above, is bound to fall. A single DV incident would blow it away like the dust."  

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

Great question, Curt.

New York State had an ongoing program for such cases. I do not know it's current status. When I learned about it, here were strict guidelines and mental health people involved.
.
I met a NJ therapist mediator from South Jersey many years ago who did this work routinely. She felt that with proper training and safeguards it could be done.
Here is the issue.

Domestic violence is a label we use to cover a spectrum of behavior. It is not all the same.

People who are victims of domestic violence sometimes want to work out their issues with the aggressor without major court involvement. To say no to all of these folks may paint with too broad a brush.

I have no idea how the pilot in NJ is proposed to be run. If cases are properly screened; if mediators are properly qualified and trained; if the mediation is properly structured, using shuttle diplomacy rather than face to face party meetings in cases where they should be kept separate; where security/metal detection/law enforcement are available and in place; and where emergency services are available to the victim throughout the process if something should happen offsite; then I am in favor of a pilot.
Litigation is not kind to DV victims either, and is no assurance of protection. Gubernat had anger issues too.

A dumb pilot, poorly conceived, without the protections I discussed above, is bound to fall. A single DV incident would blow it away like the dust.

Hanan


Hanan M. Isaacs, Esq.

t 609.683.7400609.683.7400 f 609.921.8982
e [email protected] w www.hananisaacs.com
4499 Route 27, Kingston NJ
On a totally random note -- my calling card -- I received a mailing a few weeks ago, announcing a pilot program involving mediating cases where there are domestic violence restraining orders in place. Half a million years ago, when I was doing a presentation for you at an ADR Section meeting, we were discussing how grossly ill-advised it was to mediate under these circumstances, no matter how it is done; separate rooms, armor, etc. I am sure you've read as much professional literature on topic as I have. What are your current views? I am personally leaning toward boycotting such a pilot program as imbecilic, but I am always open to discussion.

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