Continuing Education for Mediation

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Continuing Education for Mediation

Continuing Education for Mediation by Deborah E. Kaminetzky

Mediation is gaining in popularity, so much so that there are a proliferation of people advertising that they do mediation. Some of them are attorneys, some of them are not. Many of them have had absolutely no training in mediation, yet will sit down with a couple and “mediate.” New York has no licensure for mediators, so it is difficult for the consumer to determine whether a person claiming to be a mediator is actually trained in the process or just trying to help facilitate a compromise. One can even get a mediation certificate online.

I have had three separate trainings (basic, advanced and divorce mediation) at a recognized training organization over the years, plus I attend continuing education classes and meetings specifically tailored to mediation practitioners. Many of these are provided by organizations I belong to such as the New York State Council on Divorce Mediation and the Family and Divorce Mediation Council of Greater New York. These organizations and the classes and meetings they provide are invaluable in not only honing the mediation skill but in how to best run a mediation practice. When interviewing a mediator, knowing that they have applied to and been accepted by one of these organizations should give you some peace of mind that the mediator you are dealing with has the experience and knowledge to be able to properly mediate your dispute.

In May of 2017, I attended a meeting of the New York State Council of Divorce Mediators. Some of the choices of breakout sessions included mediating a divorce with a couple who has a special needs child and working with LGBTQ clients in a mediation. Having had clients in the past with litigated divorces with these issues, I was eager to learn about the ways in which mediation might be different for people with these needs.

In the past I have learned about how to recognize domestic violence within a mediation – what are the best screening methods and what to do if you suspect a component of domestic violence. Unlike a litigated divorce, a mediated divorce requires the couple to work together toward self-determined resolution of their issues. This is virtually impossible if one party is afraid of the other, and it is important to be able to recognize if that is happening. Often an abusive spouse will want to go to mediation so that they can get their way without the interference of the court system.

Just as you would do with an attorney when making a decision, ask a potential mediator where they got their training and what types of organizations they belong to. Inquire about their continuing education beyond what may be required for their law license. Once you have made a decision to go with a mediated process, you want to know that you are getting what you bargained for.

Deborah E. Kaminetzky

 

Deborah E. Kaminetzky, Esq.
Kaminetzky Law & Mediation, P.C.
132 Spruce Street
Cedarhurst, New York 11516
Phone: 516.374.0074

By | 2018-01-05T13:05:08+00:00 April 20th, 2017|Divorce Law, Mediation|Comments Off on Continuing Education for Mediation

About the Author:

Deborah E. Kaminetzky is the founding member of Kaminetzky Law & Mediation, P.C. located in Cedarhurst and Garden City, New York. Prior to starting the firm Deborah worked at a Long Island firm where she learned the practice of Matrimonial and Family law and Estate Planning. Deborah has also worked at the New York City Department of Consumer Affairs where she was responsible for prosecuting unlicensed home improvement contractors and negotiating settlements for consumers. Prior to practicing law, Ms. Kaminetzky was the president of a commercial property management corporation in the New York Metro area. Ms. Kaminetzky is a member of the American Bar Association (General Practice, Solo and Small firm Division and Law Practice Management Sections), National Association of Divorce Professionals, New York State Council on Divorce Mediation, Family and Divorce Mediation Council of Greater New York, New York State Bar Association (Business Law, Estate, Family Law, ADR and General Practice Sections), Nassau County Bar Association (where she serves as Vice Chair of the General, Solo and Practice Management Committee, and is active in the Community Relations and Education Committee) and The Nassau County Women’s Bar Association. Ms. Kaminetzky was appointed to the Committee on Law Practice Management of the New York State Bar Association in 2015 and has been a frequent speaker and author of articles for their journal. Ms. Kaminetzky serves on the Board of Directors of the Yashar Attorney and Judges Chapter of Hadassah as a their Treasurer, and was their Woman of the Year 2012. Deborah graduated from New York Law School in 1991 and the University of Michigan, Ann Arbor in 1986. Ms. Kaminetzky was admitted to the First Department in 1991 and the United States Supreme Court Bar in February of 2015. Deborah is on the Matrimonial fee dispute arbitration panel for Nassau County. She expanded her alternative dispute resolution practice by completing a Mediation certificate program in December of 2013, an advanced Mediation certificate program in 2015 and most recently a Divorce Mediation certificate in early 2016 from The New York Peace Institute. Ms. Kaminetzky has spoken to various groups on topics including matrimonial law, technology and social media use, and disaster preparedness for business including cybersecurity.