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                                                                                                               Volume 9, Issue 1
                                                                                                                  Fall, 2005

                                                                                                            New Jersey Association


                                       Mediation News
                                                                                                                      of
                                                                                                            Professional Mediators

                                                                                                            203 Towne Centre Drive
                                                                                                            Hillsborough, NJ 08844



     Inside this issue:                                  President’s Message
Upcoming Events                 Page 1

Dealing with
Mistakes                        Page 3
                                          T        his past year has been particu-
                                                   larly productive for NJAPM.
                                                   In October, Senator Robert J.
                                          Martin and Assemblywomen Linda R.
                                          Greenstein, the primary sponsors of the
                                                                                        benefit of membership is free admis-
                                                                                        sion to our bimonthly general meetings
                                                                                        (non-members pay $20 for each meet-
                                                                                        ing). This past year we presented a di-
                                                                                        verse range of topics including a
                                          Uniform Mediation Act, helped us get          “hands-on” training session on Excel
State v Williams                Page 4    off to a great start. They participated as    spreadsheets, a presentation of stress-
                                          our keynote speakers for NJAPM’s 11th         reduction techniques, a review of child
Book Review                     Page 5    Annual Conference. As 2004 came to            support software and an overview of
                                          a close, New Jersey became the 3rd            insurance company policies and prac-
                                          state to pass the UMA, thanks, in part,       tices in civil mediation.
Mediate That!                   Page 6    to the efforts of many of our members.          Our meetings keep members current
                                            In early 2005, NJAPM launched 40-           on mediation practices, offer network-
NJAPM’s Listserv                Page 7    hour divorce and 18-hour civil training       ing opportunities with other mediators
                                          courses. The response was extremely           and help to develop practice skills and
Committee                                 positive and as a result, the Association     techniques.
                                          will offer both basic training courses           Other highlights of this past year in-
Chairs                          Page 8    twice a year.                                 clude:
                                            The basic civil                                                 • Annual civil and
Recent Family                             training course was                                               family mediation
Law Cases                       Page 10   presented on three                                                seminars each at-
                                          consecutive Thurs-                  In April, NJAPM
                                                                                                            tracting more than
                                          days in September.          co-sponsored a training 40 attendees.
                                          The basic divorce           conference on the UMA. • Booths promot-
                                          training will be held            Attendance was at
    Upcoming Events:                      on October 15, 16,                                                ing NJAPM and the
                                                                      capacity and for the first use of mediation at
                                          28, 29, and 30. For
                                          more information,              time, the Association              both the New Jersey
                                          please visit our web-         recorded the seminar.               Psychological Asso-
                                          site, www.NJAPM.                                                  ciation and NJEA
    Board of Directors meeting                                                                              conferences.
    September 30, 2005                    org.
                                            In April, NJAPM                                                 • Addition of gen-
    Basic Divorce Mediation               co-sponsored a training conference on         eral members to the NJAPM website,
    Training Course: 40 Hours             the UMA. Attendance was at capacity           and updating of accredited member de-
    October 15, 16, 28, 29 & 30           and for the first time, the Association       tailed listings. We also enhanced meta-
                                          recorded the seminar. If you were un-         tags for web search engines.
    Annual Conference—                    able to attend and would like to pur-         • Development of a generic NJAPM
    Professionalism, Profit,              chase the CD, contact Carl Cangelosi at       PowerPoint presentation available to
    and Pragmatism                        ccangelosi@njmediation.org or at 609-         members for their own presentations.
    November 12, 2005                     275-1352. All conference and training         • Providing feedback to the AOC on
                                          seminars sponsored or co-sponsored by         the family economic pilot program and
                                          NJAPM are offered to members at a             the need to eliminate the free three-
                                          discounted rate
   All events held at the Doubletree         In addition to discounted admission                               (Continued on page 11)
   Hotel, Somerset, New Jersey            to NJAPM sponsored seminars, a key

                                                    Volume 9 Issue 1
 2




                                     Officers And Directors
 Letters to the                            2005-2006
    Editor

                                                   NJAPM President
                                              Anju D. Jessani, MBA, APM
We are soliciting your views
on issues that interest you and
                                               Immediate Past President
are timely.
                                               Gale S. Wachs, Esq., APM
You may want to write about
                                                  President - Elect
the 3-free hour rule for the
                                         Anthony P. Limitone, Jr. Esq., APM
court’s mediation program.
                                                   Vice-President
You may have suggestions for
                                         William H. Donahue, Jr. , Esq., APM
programs at the general meet-
ings.
                                                         Treasurer
                                                       Armand Bucci
Whatever the topic, just write.
We can’t guarantee that your                           Secretary
letter will appear or that we
                                              Carl J. Cangelosi, JD, APM
will follow The New York
Times rules for letters to the
editor, but the letters should be                        Directors
an interesting addition to the
NJAPM newsletter.                           Edward J. Bergman, Esq., APM
Send your letters to:                        Gail M. Cookson, Esq., APM
Gale S. Wachs                              Thomas J. Hanrahan, Esq., APM
Editor
MediatorNJ@aol.com                           Robert A. Karlin, Ph.D., APM

                                              Jenny D. Puchta, CPA, APM

                                               Michael J. Wolf, JD, APM


                                    Volume 9 Issue 1
                                                                                                                             3



  Dealing with Mistakes
  By Michael J. Wolf


M          istakes are preventable, but
           they are also inevita-
           ble. What you and the par-
ties do before making a mistake can
help prevent the preventable ones, and
                                                Accept responsibility
                                               after making a mistake
                                                 and ask the parties
                                                                                      Honor a code of personal behav-
                                                                                      ior. Be respectful, honest, and descrip-
                                                                                      tive when you show parties how to con-
                                                                                      front the situation and not the per-
                                                                                      son. Expect no less from the par-
minimize adverse impact after the in-              to do the same.                    ties. Use “I” statements and gently de-
                                            take until others can prove it. Help
evitable mistakes occur.                                                              scribe your perceptions rather than “the
                                            minimize adverse impact by helping
                                                                                      truth.” Stop long enough to actively
                                            parties be forthright about mistakes
Consider including a section in your                                                  listen, and listen more than talk. Avoid
                                            they made and the role they played.
standard Agreement to Mediate that                                                    negative characterizations and conclu-
h e l p s e s t a b l i s h n o rms o r a                                             sive statements – these usually fuel the
                                            Accept responsibility after making a
"relationship compact" between you                                                    fire.
                                            mistake and ask the parties to do the
and the parties. Consider including
                                            same. Others often respect a person
some of the following items if you                                                    Avoid assigning motive or meaning to
                                            more for doing so.
think they can make a difference:                                                     the mistake until after checking out as-
                                                                                      sumptions with the source.
                                            Apologize. Strive to own the negative
Acknowledge that mistakes will occur
                                            impact of a mistake on other person(s)
and allow for mistakes. This often                                                    Share feelings and describe im-
                                            or the situation. Ask the parties to do
requires doing more than adding a sen-                                                pact. Quietly – and sometimes pri-
                                            so, too. This can be very power-
tence to an Agreement to Medi-                                                        vately – share your feelings and how
                                            ful. You then can help parties more
ate. Early in the mediation process,                                                  the mistake affected you and/or oth-
                                            effectively work with affected persons
help parties talk about whether judg-                                                 ers. If you made the mistake, acknowl-
                                            to alleviate the problem or damage.
ment, blame, punishment or condem-                                                    edge others’ feelings and how the mis-
nation has been the norm when mis-                                                    take affected them. Do this using "I"
                                            Learn. Help the parties discuss what
takes occur. If so, establish and im-                                                 statements. Express a genuine desire to
                                            worked and did not work in the spe-
plement a plan to change those behav-                                                 resolve the situation, as opposed to ac-
                                            cific situation surrounding the mistake
iors during the mediation proc-                                                       cusations and a desire to punish.
                                            in order to learn how to avoid or mini-
ess. This can consume scarce media-
                                            mize future problems. Then develop
tion time, but in addition to enabling                                                Share responsibility for creating and
                                            new norms or review and recommit to
parties to achieve substantive agree-                                                 implementing a response to the mis-
                                            existing norms that may have been
ments, the value of such behaviors                                                    take. This can be a powerful asset to
                                            violated.
sometimes transcends the issues that                                                  the parties’ institutional and interper-
brought the parties to mediation.                                                     sonal relationships, and can strengthen
                                            Let go and move on. Let yourself and
                                                                                      their ability to address issues and prob-
                                            others off the hook. Do not pun-
Value and commit to good communi-                                                     lems in the future.
                                            ish. Address the problem as outlined
cations, including an agreement to
                                            above, and then allow the slate to be
CYA (Check Your Assumptions) and
                                            wiped clean. This can be very diffi-
ACBD (Always Consult Before De-
                                            cult for some people, but they are the
ciding). Establish a "no surprises"
                                            people for whom this recommendation
ground rule and create a specific proc-
                                            is most important.
ess for rumor control.
                                            Go directly to the source for resolu-
Treat each other with respect regard-
                                            tion and encourage others to do the
less of the circumstances.
                                            same. Some people silently harbor
                                            negative assumptions and judgments,
Agree to resolve mistakes
                                            while others complain to everyone but
jointly. This sends a powerful mes-
                                            the source of the mistake. By the time
sage and can strengthen the overall                                                   Michael J. Wolf, JD, APM is counsel
                                            it gets back to the source, the problem
problem solving relationship.                                                         for dispute resolution technology to
                                            is wildly out of control. Encourage
                                            others to stop complaining to people      the National Mediation Board in
Be honest. Some people wait until                                                     Washington D.C., and an adjunct pro-
                                            who are not in a position to or may not
others find out before reluctantly ad-                                                fessor at Pepperdine University’s
                                            want to help resolve the matter.
mitting a mistake. Some people will                                                   Strauss Institute in Malibu CA. He
not even acknowledge making a mis-                                                    lives in Cherry Hill, NJ.

                                                      Volume 9 Issue 1
   4



 State v. Williams
 by Hanan Isaacs, Esq., APM


O         n July 26, 2005, the New Jersey
          Supreme Court issued a 5-2 de-
          cision in State v. Carl Williams.
The majority opinion, written by Justice
                                              Court aggravated assault case, wanted
                                              the mediator to testify for the defense.
                                              The alleged victim, Mr. Bocoum, while
                                              in municipal court mediation, had admit-
                                                                                           timony issue 10 days after the UMA-NJ
                                                                                           became law. The Supreme Court also
                                                                                           granted amicus curiae status to the New
                                                                                           Jersey mediation community, to brief the
Zazzali, held that Mr. Williams's need for    ted to picking up a shovel during a fight    Supreme Court on this important issue.
the mediator's testimony did not out-         in which the defendant cut the alleged
weigh the public's interest in mediation      victim with a machete. The mediator          State v. Williams is the first decision is-
confidentiality. The Court grounded its       had heard that admission, and was pre-       sued by a state high court interpreting the
analysis on the Uniform Mediation Act's       pared to testify for the defense,            Uniform Mediation Act. Justice Zaz-
balancing test for evidentiary use of me-     which could have been key self-defense       zali's opinion is extremely well written,
diation communications, and explicitly        evidence. The trial judge heard the me-      and is likely to be cited by other courts
followed the New Jersey State Bar Asso-       diator’s proposed testimony outside the      around the country.
ciation's and the mediation community's       jury's presence, and then barred the me-
requests for statutory interpretation. The    diator from testifying before the jury.      If you have any questions about State v.
dissent, written by Justice Long, did not     The trial judge found that Supreme Court     Williams and its possible application
disagree with the majority on statutory       Rule 1:40-4(c) does not permit an excep-     to mediation in a particular situation,
analysis, but felt that Mr. Williams had      tion to the rule against mediator testi-     please do not hesitate to let me know.
made a sufficient showing of need to          mony, even when balanced against a de-
overcome the general prohibition on me-       fendant’s sixth amendment right to de-
                                                                                           Hanan Isaacs, Esq., APM, is a Past
diator testimony.                             fend himself at trial. The Appellate Di-
                                                                                           President of NJAPM and a sole practi-
                                              vision affirmed. The Supreme Court
                                                                                           tioner in Princeton, New Jersey. He can
Mr. Williams, a defendant in a Superior       granted certification on the mediator tes-
                                                                                           be reached at 609-683-7400.




                                               Mark Your Calendar
                         NJAPM Committee Meetings/General Membership Meetings
                   All Committee Meetings and General Membership Meetings will be held at the
                                   New Jersey Law Center in New Brunswick.
                                Committees will meet from 5:30 PM to 7:00 PM
                       General Membership Meetings will follow from 7:00 PM to 9:00 PM
                                 (Dinner reservations must be made in advance.)
                                    September 14, 2005, January 18, 2006,
                              March 15, 2006, May 17, 2006, September 20, 2006


                                               Board of Directors Meetings
                                     All meetings of the Board of Directors will be held
                                            from 8:39 am to 12:00 Noon at the
                                          Doubletree Hotel, Somerset, New Jersey
                                         September 29, 2005, December 8, 2005,
                                      February 2, 2006, April 6, 2006, June 8, 2006




                                                        Volume 9 Issue 1
                                                                                                                                   5



The Mediator’s Toolbox
Book Review by Jon Linden, MBA, APM
The Conflict Resolution Toolbox                                                              derlying core reasons for the conflict, if
By Gary Furlong                                                                              the desired result can be achieved with-
                                                                                             out dealing with those issues.
Diagnostic Models –
                                                    ... he suggests that
“Pragmatic Mediation”                                                                        The dynamics of trust model is an
                                                 actual diagnostic models
                                                                                             “attributional” model and focuses on the
                                                         can be used

F      urlong’s new book may be a mile-
       stone in the application of media-
       tion theory to the practice of me-
diation. His objective is to introduce
“Models” or “Maps” that will provide the
                                                   to help the mediator
                                                   “diagnose” and then
                                                       “determine next
                                                                                             manner and character of how the parties
                                                                                             “attribute” circumstances to conditions
                                                                                             about which they usually have incom-
                                                                                             plete or erroneous information. Often the
                                                     course of action”                       attributions assigned by parties are mis-
mediator with a diagnosis of the conflict                                                    placed or completely misdirected. This
and a course of action to move toward                    using these                         model helps the mediator build trust be-
resolution.                                             ‘roadmaps to                         tween the parties and reach for a resolu-
                                                        resolution.’...                      tion.
Furlong is quick to say, “There is no
magic formula that resolves all disputes.”                                                   The one thing that was a little lacking in
This statement surely gives him an ele-                                                      the book were models that dealt with
ment of immediate credibility. In addi-                                                      “severed” or “terminal” situations in a
tion, the author notes that in his study of    dictive value, can in fact be the most        relationship. Only two of the models
many 40-hour basic mediation courses,          precise “Models” to use for “Diagnosis        really even dealt with this circumstance
“Mediation training seems to be focused        and Treatment.”                               at all, and only one, the “Moving Beyond
solely on face-to-face skills and simple                                                     Conflict” model dealt with it in detail.
steps for conducting the mediation itself,     These models will be recognizable to          Since many mediations involve severed
and does little to teach the participants      many of us who have studied the theory        relationships, especially in labor and em-
about diagnosing the root cause of the         of conflict resolution. For example the       ployment, this is a minor deficiency, yet
conflict.”                                     social style model is helpful in identify-    the one model does address it in very
                                               ing the type of personalities of the par-     deep detail. The book should be consid-
In order to overcome the deficiencies of       ties in the conflict and uses the classifi-   ered a seminal work in the manner in
most training programs, he suggests that       cation system with only 4 basic person-       which mediators can approach conflict
actual diagnostic models can be used to        ality types: analytical, driving, amiable     resolution, and what to focus on for the
help the mediator “diagnose” and then          and expressive. This is a helpful way         highest potential degree of successful
“determine next course of action” using        for a newer mediator to understand the        resolution to the conflict.
these “roadmaps to resolution.” He de-         character and personality of the parties.
fines 8 different models in his book,
which he describes as:                         The interests/rights/power model is pri-
                                               marily based on Fisher and Ury’s nego-
    The Circle Of Conflict                     tiating techniques. It emphasizes pri-
    The Triangle Of Satisfaction               marily interests, rights and power,
    The Boundary Model                         without necessarily addressing the un-
    Interests/Rights/Power Model
    The Dynamics Of Trust
    The Dimension Model
    The Social Style Model
    Moving Beyond Conflict                         The interests/rights/
                                                 power model is primarily
To illustrate these “Models” Furlong uses          based on Fisher and
a general case study to illustrate how dif-                                                  Jon Linden is an accredited business/
ferent “lenses” or perspectives on media-
                                                    Ury’s negotiating                        commercial mediator and a frequent
tion methods can yield very similar re-                techniques.                           contributor to Mediation News. He can
sults. In addition, it is interesting to see                                                 be reached at Proactive Intervention, L.
how certain models, which the mediator                                                       L.C., in Warren, NJ, 908-580-0744 or
may have felt had little productive or pre-                                                  by email: jilisman@aol.com.


                                                          Volume 9 Issue 1
    6



Mediate That!
Carl J. Cangelosi, JD, APM



I    n each newsletter we will take an
     interesting/controversial topic and
     have the pros and cons argued by
two members. If you have an interesting
issue that would be appropriate for this
                                              Second, I enjoy the varying opinions on
                                              hot topics. The recent exchange on the
                                              3 free hour rule is such an example.
                                              There were strongly argued positions
                                              on all sides. It was stimulating and
                                                                                          want to start a new subject, start a new
                                                                                          thread.

                                                                                          Now as to how this should be enforced. I
                                                                                          don’t think any set of policies could be
column, please e-mail me at ccange-           provided good information for our or-       drafted that could capture the above and
losi@njmediation.org.                         ganization and the courts.                  still be workable. However, you as par-
                                                                                          ticipants in the listservs can exert peer
This issue’s topic is:                        Of course, not all e-mails are valuable.    pressure.
                                              Some are repetitious, boring, or, in ex-
Are the NJAPM civil and divorce               treme cases, offensive. For the most        Let’s say an individual continually gets
listservs being used properly or should       part, that’s just part of having a free     off-point when using the listserv. You
there be new policies governing their         exchange of ideas. What I might find        could send a private e-mail, NOT US-
usage?                                        boring might be interesting to others.      ING THE LISTSERV, directly to that
                                              Some days I use my delete button fre-       person . ( If you use the listserv to exert
I asked for volunteers on this questions      quently. But that is a small price to pay   peer pressure, you’re violating the “be
and no one apparently thought that the        for participating in the listservs.         courteous” rule.)
existing policies should be revised. So I
have decided to present both sides—sort       There are a few occasions where a           If enough people do that, it probably
of.                                           member has violated the listserv poli-
                                              cies but they have been rare. In my
Carl                                          opinion, the listservs are working just              I don’t think
                                              right. I just wish they were used more.
                                                                                               any set of policies
The civil and divorce listservs serve a
very valuable function for the members                                                        could be drafted that
                                              Carl
of NJAPM. It enables everyone to en-                                                         could capture the above
gage in a free exchange of facts and          I don’t favor a change in NJAPM’s               and still be workable.
opinions on just about any subject relat-     policies but I do favor peer-enforced
ing to mediation. This is valuable for        rules of etiquette. Here are my sugges-
several reasons.                                                                          would have the desired effect. If
                                              tions for such rules and how they           the person doesn’t get the message, well,
                                              should be enforced:                         there is always the delete key.
                                              Be courteous—There is no reason at
       I look forward to the                  any time not to be courteous in using
    frequent digests of new                   the listservs.
        cases that I receive
      through the listservs.                  Be brief—Sometimes e-mails go on
                                              and on. It would be helpful if people
                                              edited their e-mails just like they would
                                              a letter.                                   Carl Cangelosi is an accredited civil and
                                                                                          divorce mediator with offices in Prince-
                                              Don’t send last-word e-mails—If there       ton and Plainsboro. He can be reached
First, it is educational. I look forward to   has been a complete exchange of ideas       at the New Jersey Mediation Group,
the frequent digests of new cases that I      that you have participated in, there is     609-275-1352 or by e-mail at ccange-
receive through the listservs. I get a        no need to send that last e-mail just to    losi@njmediation.org.
good flavor of which way the courts are       have the last word.
going on important issues and this helps
me be a better mediator. Other times          Don’t be repetitious—Again, don’t be
members will give information about           repetitious.
taxes, mediator strategies, etc. I find
these useful.                                 Keep on point—If an exchange is
                                              about taxes, keep to that subject. If you

                                                        Volume 9 Issue 1
                                                                                                                                     7




NJAPM’s Listserv:
Get in Touch and Stay in Touch

N        JAPM is dedicated to serving the needs and interests of
         mediator members. We have created a liserv to allow
         practitioners to share their professional concerns and
exchange practice information. For your benefit, we have listed
                                                                      state, national or international law or regulation. You agree to
                                                                      use these services only for lawful purposes and you acknowl-
                                                                      edge that your failure to do so may subject you to civil and
                                                                      criminal liability.
the policies and procedures for using the listservs.
                                                                      You are responsible for ensuring that any material you provide
LISTSERV POLICIES                                                     to these services or post on a forum or listserv, including but
The following are terms of the agreement between you and the          not limited to text, photographs and sound, does not violate the
New Jersey Association of Professional Mediators with respect         copyright, trademark, trade secret or any other personal or pro-
to the use of the various listservs. By using the listservs, you      prietary rights of any third party or is posted with the permis-
acknowledge that you have read, understood, and agree to be           sion of the owner's of such rights. Material on these services is
bound by these terms.                                                 for your personal use only. These services may contain copy-
                                                                      righted and other proprietary information.
COMMENTS BY USERS ARE NOT ENDORSED BY NJAPM
NJAPM does not necessarily endorse, support, sanction, encour-        MATERIALS POSTED BY OTHERS
age, verify, or agree with the comments, opinions, or statements      You agree that NJAPM is not responsible, and shall have no
posted on its listservs. Any information or material placed           liability to you, with respect to any information or materials
online, including advice and opinions, are the views and respon-      posted by others, including defamatory, offensive or illicit ma-
sibility of those who post the statements, and do not necessarily     terial, even material that violates this agreement.
represent the views of NJAPM.
                                                                      ADDITIONAL RULES
 USE OF THE SERVICE BY YOU                                            NJAPM may, from time to time, post additional rules of usage
You agree to use the listservs to further the goals and purposes      that apply to specific parts of these services. Such additional
of NJAPM, and you will not knowingly use the listservs to the         rules will be posted in a relevant part of its website, and will be
detriment of the organization or any of its members.                  clearly identified. Your continued use of these services consti-
                                                                      tutes your agreement to comply with these additional rules.
You agree not to use any obscene, indecent, or offensive lan-
guage or to place on these services any material that is defama-      LIMITATION ON OR DENIAL OF USE
tory, abusive, harassing, or hateful. Further, you may not place      NJAPM may limit or deny access at its discretion to anyone
on these services any material that is encrypted, constitutes junk    who uses the listservs excessively, which shall include repeti-
mail or unauthorized advertising, invades anyone's privacy, or        tive use on the same topic or subject matter, or otherwise mis-
encourages conduct that would constitute a criminal offense,          uses or abuses this benefit.
give rise to civil liability, or that otherwise violates any local,




                                           NJAPM
                            does not necessarily endorse, support,
                                sanction, encourage, verify, or
                             agree with the comments, opinions,
                             or statements posted on its listservs.


                                                          Volume 9 Issue 1
   8


                                 Committee Chairpersons
Committee                         Chairperson(s)                Telephone #    E-mail Address

Accreditation                     Tom Hanrahan                  973-616-6601   mediationworx@optonline.net
Annual Conference                 Anju Jessani                  908-303-0396   dwd2@mindspring.com
                                  Gale Wachs                    908-256-6505   mediatorNJ@aol.com

Executive Committee               Anju Jessani                  908-303-0396   dwd2@mindspring.com
Judiciary & Organizations         Ed Bergman                    609-921-1502   ejb@gear3.net
Legislative Relations             Ed Peloquin                   732-940-0520   ejfp@aol.com
Liaison: Garibaldi Inn and DRS    Michael Wolf                  210-392-1699   michaelwolf@comcast.net
Long Range Planning               Tony Limitone                 973-539-6122   anthonylimitone@verizon.net
Mediator Ethics Review Board      Gene Rosner                   732-382-6070   gene@finkrosner.com
                                  Greg Cannarozzi               201-261-6444   1800probono@msn.com

Membership                        Bob McDonnell                 914-329-1156   rjmcdonnell@optonline.net
                                  Claudia Cohen                 908-654-4303   cecohen@comcast.net

Newsletter                        Gale Wachs                    908-256-6505   mediatorNJ@aol.com
                                  Carl Cangelosi                609-275-1352   ccangelosi@njmediation.org
                                  Bob Karlin                    609-924-7019   bkrln@aol.com
Nominating Committee              Gale Wachs                    908-256-6505   mediatorNJ@aol.com

Peer Consultation /Mentoring      Bill Donahue                  856-854-0303   onedonahue@aol.com

Policies & Procedures Manual      Gail Cookson                  973-736-4600   moondance149@att.net
Programs                          Carl Cangelosi                609-275-1352   ccangelosi@njmediation.org
Marketing                         Jenny Puchta                  732-706-9478   njmediationctr@aol.com
Speakers Bureau                   Jon Linden                    908-580-0744   jilisman@aol.com
Youth Peacebuilding Coalition     Bill Donahue                  856-854-0303   onedonahue@aol.com
Website                           Carl Cangelosi                609-275-1352   ccangelosi@njmediation.org




                            Learn more about NJAPM by visiting our website at
                                           www.NJAPM.org.

                                 Attend our meetings and become a part of
                                   the NJAPM community of mediators.

                                 Contact a Chairperson to join a committee.



                                                    Volume 9 Issue 1
                                                                         9




Professional Liability Insurance

           For NJAPM Members

                Is Now Available

Policies are available to all general and accredited members of NJAPM.
       NJAPM has been able to negotiate favorable group rates
           for Arbitrators and Mediators Liability Insurance
             for members who are not otherwise covered.
     The price and the policy are the same as is currently offered
          by the Association for Conflict Resolution (ACR).
             However, the service charge for New Jersey
         is $25 compared to the $50 charge for ACR policies.


        A basic liability insurance policy for a family mediator
        who mediates less than 20 hours per week would cost
        $350 + $25 + 3% tax for $100,000/$300,000 coverage
                                  or
               $438 + $25 + 3% for $250,000/$500,000
                                  or
              $569 + $25 + 3% for $500,000/$1,000,000
       These figures are based on $1,000 deductible per claim.


              For further information or to obtain forms,
       contact Armand Bucci at: armandbucci@alum.drexel.edu
                    Or phone him at 856-663-2237
     (Forms are also available on the www.NJAPM.org website)


                           Volume 9 Issue 1
  10



Recent Family Law Cases
prepared by Carl J. Cangelosi, JD, APM

   Weir v. Weir, App. Div.—            Part’s formulation for child sup-     of the negotiations, failing which,
Defendant-wife’s appeal from the       port met the requirements of N.J.     she would refer the matter to me-
final judgment of divorce is re-       S.A. 2A:34-23 and the Child           diation.
jected, including her assertion that   Support Guidelines where the
the judge erred in awarding her        court found that the “variable na-    Lande v. Lande, App. Div.—The
too little in both alimony and child   ture” of the plaintiff’s income       trial court was wrong when it re-
support, refusing to impute in-        and bonuses required an ac-           fused to terminate the ex-
come to plaintiff, who defendant       counting twice a year. March          husband's alimony. The ex-wife
argued had deliberately dissolved      30, 2005                              was cohabiting with her paramour
his lucrative cash pizza supply                                              as man and wife with all but the
business and became a salaried          Mani v. Mani, Supreme Ct.—           marriage certificate. By intention-
employee of a distributor in order     Marital fault is irrelevant to ali-   ally failing to provide her para-
to avoid his obligations for both      mony, except in two narrow in-        mour’s financial information, she
alimony and child support; the         stances: (1) cases in which the       prevented the alimony termination
court is convinced that any alleged    fault negatively affects the eco-     motion from being prop-
inconsistencies and past financial     nomic status of the parties; and      erly considered. If she wants the
machinations by plaintiff were         (2) cases in which the fault so       alimony reinstated, the missing
taken into account by the trial        violates societal norms that con-     information must be provided. She
judge in the ultimate determina-       tinuing the economic bonds be-        will have the burden of proving
tion. March 10, 2005                   tween the parties would con-          her alleged financial dependence
                                       found notions of simple jus-          on her ex-husband. May 25, 2005
                                       tice. April 6, 2005
Entress v. Entress, App. Div.—                                               Guzzo v. Guzzo, App. Div.—On
Family Part judges must refrain        Maiorisi, etc. v. Danella, App.       the plaintiff-husband’s appeal, the
from entering judgments and or-        Div.—The court dismisses the          court affirms the Family Part
ders appending transcripts that        appeal of the defendant-father,       judge’s: (1) computation of the
purport to set forth the terms and     who sought to continue the par-       permanent alimony award to the
conditions of the parties’ agree-      ties’ joint legal custody arrange-    defendant-wife, whose psychiatric
ment. Rule 4:42-1(a)(4) requires       ment, but asked the Family Part       problems prevented her from fully
a “separate numbered paragraph         judge to designate him as the         supporting herself, ruling out re-
for each separate substantive pro-     primary residential custodial par-    habilitative alimony; (2) establish-
vision of the judgment or order.”      ent, instead of the plaintiff-        ment, as the marital dissolution
March 22, 2005                         mother. The motion judge found        date for equitable distribution pur-
                                       the motion premature, because         poses, the date of the filing of
  Nie v. Zou, App. Div.—The            defendant had failed to abide by      plaintiff’s divorce complaint,
Family Part did not err by denying     a paragraph of the parties’ prop-     which alleged extreme cruelty on
the defendant ex-wife’s claim for      erty settlement agreement, which      the basis of defendant’s having
alimony where the court found          indicated that the parties should     had an affair with a co-worker;
that the parties’ incomes were         attempt to resolve any issues be-     and (3) finding, on defendant’s
“substantially the same” and that      tween themselves before seeking       counterclaim for divorce, that
the defendant did not need the         court intervention; she directed      plaintiff, too, engaged in acts of
plaintiff ex-husband’s assistance      the parties to attend parenting       extreme cruelty by engaging in
to enjoy a lifestyle that was simi-    classes, and to negotiate within      internet sex and pursuing relation-
lar to the one that she enjoyed dur-   twenty days, directing counsel to     ships with the women he met
ing the marriage; the Family           report back to her on the status
                                               Volume 9 Issue 1
                                                                                                                  11



Recent Family Law Cases cont...

online. May 27, 2005                    The cohabitation and its conceal-     about the son's college plans. The
                                        ment constituted bad faith and        court notes that defendant did not
Schwefringhaus v. Schwefring-           justified a retroactive termina-      attend court-ordered therapy ses-
haus, App. Div.—The ex-husband          tion of alimony, requiring her to     sions, and rejects his arguments
is entitled to discovery and a ple-     reimburse to him the alimony he       on appeal that the trial court: (1)
nary hearing on his application to      had paid her. Moreover, she was       did not properly consider the
terminate alimony based on the          not entitled to any offset for the    plaintiff's failure to abide by the
ex-wife's cohabitation. The case is     tax credits he received for pay-      terms of the parties' agreement;
remanded based on prima facie           ing the alimony. July 8, 2005         (2) erred in denying his request
evidence that the ex-wife is co-                                              for a Newburgh hearing; (3) erred
habiting with two unrelated males,      Suess, Jr. v. Gonzalez, App.          in his analysis of the Newburgh
is sexually involved with one, and      Div.—The Family Part judge            factors; (4) made incorrect and in-
receives financial contributions        aptly denied plaintiff's motion       adequate findings of fact; and (5)
from both. , May 31, 2005               for a reduction of child support      erred in denying his request for
                                        based on a finding that his un-       counsel fees. July 21, 2005
Feldman v. Feldman, App.                deremployment was temporary
Div.—In the context of joint cus-       in nature, and properly rejecting
tody, the primary caretaker has the     his claim that the passage of
sole authority to decide the reli-      three years without being able to
                                                                              President’s
gious upbringing of the children,       find another job in his field of      Message
and the secondary caretaker shall       expertise constitutes a
not enroll the children in training     "presumptive change in circum-        Cont...
and education classes for pro-          stances." Other than his conclu-      (Continued from page 1)
grams in a different religion over      sory comment that he has at-          hours that mediators currently provide to
the primary caretaker’s objections      tempted to find similar work, he      the AOC.
when exercising visitation              provided no specifics about his       • Expansion of county peer group
rights. The secondary caretaker is      job search efforts. July 13, 2005     monthly meetings with member orienta-
not barred from having the chil-                                              tion presentations by our membership
                                                                              committee at many of these meetings.
dren exposed to religious services      Conod v. Hall, App. Div.—
or holidays. June 9, 2005               Although the appellate court          • Development of a policies and pro-
                                                                              cedures manual
                                        agrees with defendant that there
                                                                              • Approval of up to 4 continuing edu-
Randazzo v. Randazzo, Supreme           was no testimony or record to         cation credits annually for co-mediating
Ct.—A trial court has the discre-       justify the finding that he broke     with a candidate for accreditation.
tion to order the sale of marital as-   his son's arm, or that he was ini-      We look forward to a very productive
sets prior to a final judgment of       tially responsible for the prob-      year again. But we need the help and
divorce when the circumstances of       lems in their relationship, the       support of our members. Please share
                                                                              your ideas and your time with us. To
the case so justify. June 28, 2005      court affirms the judgment en-        contact a committee chairperson, see
                                        tered against the defendant-          page 8.
Duchemin v. Duchemin, App.              father for 44% of the college ex-       Thanks for your participation and con-
Div.—Wife was in fact cohabiting        penses of the parties' son, despite   tinued support.
when the parties signed                 their estrangement, and despite
their agreement. However, her ex-       the fact that defendant and plain-
husband did not learn of her co-        tiff had no contact, and plaintiff
habitation until two years later.       gave defendant no information

                                                 Volume 9 Issue 1
12




                                  NJAPM Welcomes
                               Newly Accredited Members

T       he New Jersey Association of
        Professional Mediators is
        pleased to announce the ac-
creditation of 6 members. Accredita-
tion is granted for a period of one
                                         continuing education every year.
                                           We are happy to welcome the follow-
                                         ing Accredited Professional Mediators
                                         into the NJAPM family and we look
                                         forward to having them become active
                                                                                   The following members have been ac-
                                                                                 credited as Business/Commercial media-
                                                                                 tors:

year.                                    participants in the association.        Edward J. Bergman, Esq.
                                                                                 Robert J. McDonnell
  Renewal after the first year is          The following member has been ac-     Jenny A. Puchta, CPA
granted only to members of the Asso-     credited as a Divorce and Family Me-    John Sands, Esq.
ciation in good standing and only        diator:                                 Risa S. Wasserman, Esq.
upon satisfaction of continuing educa-
tion requirements and approval of the    Anna-Maria Pittella, Esq.
Board of Directors. Accredited mem-
bers are required to have 10 hours of




                             New Jersey Association of Professional Mediators
                                        203 Towne Centre Drive
                                         Hillsborough, NJ 08844

                                                  Volume 9 Issue 1

				
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