One of the oddest questions I have to ask when I am preparing adoption petitions or processing divorces is how people identify in terms of religious heritage, race, or ethnicity. The Court requires this information — but it is always more than a little awkward to ask. After all, why should it matter? But it is interesting to hear how clients respond. Some answer quickly, indicating that they have a clearly defined identity, while others respond as though they are … read more »
The Power of Dignity
A few months ago, I had the pleasure of giving a Continuing Legal Education presentation on the Dignity Model with attorney-mediator colleagues Teresa Calabrese and Andrea Hirshman. Here is a clip from it, where I am talking about the concept that we ALWAYS have dignity — no one can take it away, no matter how badly they treat us. It is an important part of negotiation— you have to honor your own self-worth before you can honor that in others. … read more »
Just Listen
I write this on my way back from a conference in Washington, DC for the Project for Integrating Spirituality, Law and Politics (PISLAP) entitled, “Fostering Human Connection in an Era of Alienation.” One workshop I attended there, led by John Spiegel and Judith M. Glasser — and based upon the work of Nancy Kline — was called “Souls in Action: Using ‘Generative Attention’ to Resolve Conflicts.” Their assertion is that attention is a creative act, and that we can help … read more »
Count Basie Lives!
For the last 6 years, I have been honored to be the Trustee of the William J. “Count” Basie Trust. An American icon, Count Basie was one of the greatest bandleaders of all time. Count Basie changed the jazz landscape and shaped mid-20th century popular music, earning the title “King of Swing” because he made the world want to dance. The Trust’s property included all of the Basie family’s personal possessions which we recently transferred to Rutgers University’s Institute of … read more »
Why Do I Want You to Stay in the Room?
I want to say a word about neutrality, which is a very important concept in mediation. The role of a mediator is to act as an intermediary between the parties, and to help the parties reconcile conflict. How the mediator does that can vary a lot, depending on the type of conflict the parties have, the style of mediation used, and, of course, the temperament and experience of the mediator. One of the big differences between mediation and arbitration is … read more »
R-E-S-P-E-C-T — Find Out What it Means to Me!
I write this just days after the death of the infamous Queen of Soul, Aretha Franklin. Hers was the voice of a generation — my generation — but she meant so much more. While it is difficult to imagine a world without her, I am grateful for her music, which will live on. From my perspective, Aretha’s most influential song was “Respect,” written by Otis Redding. As Wesley Morris wrote in her obituary, she turned the song — and the … read more »
Divorce Made Simple
From a practical standpoint, the actual divorce process is pretty simple. What Topics Need to be Addressed? There are four or five main areas to be decided in a divorce mediation (some of which may not apply to your particular situation): 1. How will you divide up what you own together? The first step here is to identify what is separate property and what is marital. Separate property typically includes property you owned before the marriage and property you inherit. … read more »
Families Belong Together
On June 30, I joined about 30,000 others in Foley Square in Manhattan to protest the detention of the over 2,300 children who have been ripped away from their parents at the southern US border — many of whom are under 10 years old. Some are housed in large tents, some in converted warehouses. Some are scattered thousands of miles away from their parents — to 17 states, including New York. Yet, these kids have done nothing wrong. Their parents, … read more »
Keep Your Enemies Closer
A few weeks ago, I wrote about the book, Dignity, by Donna Hicks. Today I am writing about another important book I’ve read recently, The Opposite of Hate: A Field Guide to Repairing Our Humanity, by Sally Kohn. Sally was my intern many years ago when she was in law school and she was funny, sometimes quirky, and wicked smart. She is a progressive lesbian feminist from Brooklyn, who is also a television commentator. She appeared often on Fox News, … read more »
Implicit Bias
“What will you do about your implicit bias?” Jennifer asked me as she sat across the table. She, a woman of color, was in my office with her husband, a white man, for an introductory session to discuss using mediation as a process for their divorce. Hers was a fair question. And it was one I have never been asked before. “Are you familiar with the concept?” she continued, apparently expecting me to say that I wasn’t. “I was a … read more »
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