WWBA October 2019 Newsletter

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October Litigation Tip ✦ TOPIC: PRESUMPTIVE ADR Last spring, in what has been referred to as “a transformational move to advance the delivery and quality of civil justice,” Chief Judge Janet DiFiore and Chief Administrative Judge Lawrence K. Marks announced a system-wide initiative to presumptively refer parties to mediation or some other form of ADR in civil matters. On September 24th, 2019 the WWBA Mediation Committee and the WCBA ADR committee cosponsored a free CLE program entitled: The 9th Judicial District Presumptive ADR Programs: What You Need To Know. It was attended by over 130 practitioners and Judges, with refreshments provided by Sterling Bank. The program opened with remarks by the Hon. Kathie E. Davidson, Administrative Judge, 9th JD and included as panel participants Lisa M. Courtney, Statewide ADR Coordinator, Lisa M. Denig, Special Counsel for ADR Initiatives /Office of Deputy Chief Administrative Judge George Silver, Referee Joel R. Kullas, DCAJ’s Office for Courts outside NYC/ ADR Coordinator for the 3rd, 4th, 9th and 10th JD, and James Garfein, Principal Settlement Coordinator 9th JD/Counsel to Administrative Judge. The program was moderated by Abby Rosmarin and Marc Sheridan. As of September 24, 2019, the proposed 9th JD ADR plan is awaiting approval by Judge Marks. Until that time, it cannot be disseminated. It includes a process for a variety of interventions to be implemented (e.g., neutral evaluation, arbitration, settlement conferences and mediation). More specific details of the ADR plan will be shared once approved. In the meantime, members have inquired about how to participate on mediation rosters. Here is some information: The 9th JD currently has 3 existing rosters of mediators in Westchester (Commercial, General Civil and Matrimonial). Those already on these panels were sent a letter by Judge Davidson asking to certify that that the mediator completed 6 hrs of CLE/mediation training over the past two years (in accordance with Uniform Rule §146.5) and inquired of if he/she would be willing to serve on other mediation rosters being established for programs in each of the other four counties of the 9th JD (Rockland, Orange, Putnam and Dutchess). Until the ADR plan has been approved, mediators can be accepted only to the three existing rosters. Interest in serving on other rosters (to be established) will be considered once the ADR plan is approved. To participate on the rosters, mediators must have to have successfully completed a minimum of forty (40) hours of training in an OCA-sponsored or OCA-recognized training program, which includes 24 hours of training in basic mediation skills and techniques and 16 hours of training in the specific mediation techniques pertaining to the relevant substantive area (see Part 146 of the Rules of the Chief Administrator www.nycourts.gov/rules/chiefadmin/146.shtml). To apply for a roster, send a letter to Hon. Kathie E. Davidson, Administrative Judge, 9th JD, along with a resume or C/V and demonstration of meeting the relevant criteria. Written by Abby Rosmarin, Esq., LMHC Abby Rosmarin, Esq., LMHC is a partner at Berkman Bottger Newman & Schein, LLP, with offices in Westchester and NYC. She concentrates her practice on family conflict resolution, including mediation and parenting coordination. Page 8 Westchester Women’s Bar Association News
○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ An Interview with Neil E. Kozek Q: How have you balanced your legal career with your family responsibilities over the years. A: When I began working with Mrs. Kramer, my first child was 4 months old. Adam is now 23 ½. Along with Georgia, I worked weekends, holidays and late nights. I brought the baby carriage, the diaper bag and the formula to work while my wife of 27 years, Alison, played golf. If I needed to go to the doctor with a child, my time was flexible, and Georgia knew that work-life balance was important. I drove all three of our children to pre-school and elementary school since Alison worked in New York City. Workfrom page 7 practice, positional bargaining and trial work. Women lawyers in Westchester have led the innovation of Collaborative Practice and I am very proud to have been a part of it. Q: What are your other community activities when you are not practicing law or contributing to the WWBA? A: I have served on the board of Temple Emanu-El of Westchester County, I have coached soccer for all three of my now grown children and I work with various community not-for-profit organizations including the Westchester Family Share House, a group that provides fresh furniture and furnishings to give women and families of domestic violence and natural disaster a fresh start. ing in White Plains afforded our family the flexibility to both work full time and to both be active participants in our children’s activities and education. Full time live-in child care helped a lot too! Kramer Kozek has the exact same family friendly philosophy and congenial family-oriented work environment for all of our employees. Kramer Kozek was nominated by our staff and recognized by the Westchester Women’s Bar Association for our dedication to families a few years ago. Q: What advice would you like to give to women lawyers entering the legal profession. A: If you are going to be a parent and a professional at the same time, then you will need a good partner-whether that means a good business partner who understands the complexities of raising a family while working or a life partner who can help share the labor both at home and in the work place. Balancing family life and work is not an easy task. Men and women MUST begin to realize that the family and the workplace are both the jobs of life partners regardless of gender, family orientation or sexual orientation. The sooner we all realize that family and marriage is truly an equal partnership, the sooner New York will join the new millennium. I am not suggesting that every divorce case is 50/50 but I do urge the judiciary to recognize the herculean efforts of both spouses in our ongoing jurisprudence. ◗ Jamie O’Connell Wealth Director 701 Westchester Avenue White Plains, NY 10604 T 914 299 3050 F 955 498 2839 jamie.o’connell@bnymellon.com www.bnymellonwealth.com A Leader in Serving the Legal Services Community. That’s Sterling. Expect the highest caliber of personal service and banking expertise. Expect extraordinary. Contact banking professionals experienced in serving your unique needs at 914-367-9000, or email team556@snb.com Larry McElroen, Senior Managing Director Michael Henderson, Senior Managing Director Anthony Forgione, Managing Director Moira Kiernan, Managing Director Luis Rivera, Associate Managing Director To learn about Sterling’s full suite of services, visit snb.com. Member FDIC Westchester Women’s Bar Association News Page 9
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WWBA October 2019 Newsletter

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