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In Memory of Judge Edward Ginsburg

Message from MCFM President Kim Whelan:  Many of you may have already heard of the passing of Judge Edward M. Ginsburg on June 24th. Wonderful things have been written about Judge Ginsburg and I wanted to amplify the important contributions he made to family mediation in Massachusetts. In 2020, MCFM recognized Judge Ginsburg for his valued support of our mediation community by awarding him the John Fiske Award for Excellence in Mediation. It seemed only fitting to ask John Fiske to reflect on Judge Ginsburg’s legacy with respect to the mediation profession. John sent me the wonderful narrative that follows about the important role that Judge Ginsburg (and John) played in jumpstarting family mediation in Massachusetts. (Please share your comments below of your own fond memories of the Judge.)

Reflections from John Fiske:

When I started mediating…

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Moving Beyond Screening: Mediation and Intimate Partner Violence

Moving Beyond Screening:  Mediation and Intimate Partner Violence

by Jennifer Hatch
 
Historically, divorce mediators have been encouraged to screen out cases involving intimate partner violence.  This approach presumes that mediation would harm rather than benefit victims of intimate partner violence (“IPV”).  Lawyers and IPV Advocates have also been discouraged from allowing their clients to participate in mediation when there are allegations of IPV, based on the same presumption.  However, isn’t it possible that we are doing a disservice to our profession and to families who have experienced the trauma of intimate partner violence when we deny them the same divorce process choices available to families who have not experienced intimate partner violence?
 
Imagine wanting a divorce because your spouse abuses you, but your spouse is a prominent member of your community…
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Massachusetts Child Support Guidelines Updated for 2021 - A Summary of Changes

The 2020-2021 Massachusetts Trial Court Child Support Guidelines Task Force was convened in 2020 and requested the submission of comments by December 15, 2020 to assist them in updating the guidelines as required every four years.  MCFM, and other organizations and individuals, submitted comments and recently the Task Force announced their changes with the new 2021 Massachusetts Child Support Guidelines.  Click here to read MCFM's comments. 

Following is a blog post reprinted with permission from Skylark Law & Mediation, PC that summarizes all the changes:

New Massachusetts Child Support Guidelines (2021): Big Changes, Little Changes, Typos & some Unexpected Results

by Justin L. Kelsey

Every four years, per federal mandate, the Massachusetts…

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Commit to Being a Peacemaker - A Message From Howie Goldstein

Dear Members of the mediation/collaborative community:

As many of you know, I am in the end stages of what has been a fairly lengthy experience with Prostate Cancer. I had originally considered describing it as a battle, but that terminology is certainly not appropriate in this community and frankly I cringe when I hear that said about anyone who dies of Cancer. Because the implication is that if you succumb to that disease, you are a loser who did not have sufficient strength or toughness to prevail. Now where have we all encountered that kind of language in our professional lives?

We all will die. I am very sad that I will not live longer —-My family is so precious to me and every day with them is a gift. Also, after many years of ambivalence about whether to forsake litigation I finally walked away from litigation as a result…

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3 Credits in the “American Rescue Plan” Mediators Must Know About

3 Credits in the “American Rescue Plan” Mediators Must Know About

by J. Anthony Licciardello

Congress has recently passed the “American Rescue Plan” (aka the “stimulus bill”), which has provisions that can significantly increase the benefit of child-related deductions and credits.
 
The law makes changes to the Child Tax Credit, Child Care Credit, and Earned Income Credit that enhance their value to the person receiving them, especially for the 2021 tax year. 
 
I thank the folks at Family Law Software for getting these details laid out in a recent newsletter. Their divorce financial planning software is exceptional and has a robust tax module we use to help our clients see the tax impact of their financial decisions. They have recently added a feature allowing mediators to see the benefits of these new credits when given to one party or the other.  …
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Court 1A Backlog Update

Court 1A Backlog Update
 
by Ellen Waldorf & Kim Whelan
 
On February 11, 2021, Judge John Casey, Chief Justice of the Massachusetts Probate and Family Court, spoke to the Greater Newburyport Bar Association.  Judge Casey noted as of that date:
  • 1,050 1A hearings for uncontested divorces were scheduled, some as late as August 2021,
  • 3,000 1A cases were processed by the court and waiting to be scheduled for hearings, and
  • Potentially, thousands more were received by the court and had yet to be processed by the court.
Attorneys, court staff, and mediators attending noted that the court has been understaffed long before COVID.  Furthermore, some court functions can only be performed onsite (not remotely) and, for the safety of court employees, only half the staff is…
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Multi-Organization Workshop Series on Bias and Diversity in the Dispute Resolution Community

The Massachusetts Council on Family Mediation (MCFM) joined forces and resources with the Massachusetts Collaborative Law Council (MCLC) and the Academy of Professional Family Mediators (APFM) to hire Dr. David Campt of The Dialogue Company and Matthew Freeman, co-author with Tiffany Jana of “Overcoming Bias”, to assist our organizations with education on unconscious bias and how it impacts the diversity and equity in our dispute resolution community.  Dr. Camp and Mr. Freeman, working with our organizations' leaders designed a 4-part series aimed at improving our organizations' understanding of these issues and drafting an action plan for creating greater diversity, equity and inclusion both in our organizations and in the larger dispute resolution community.

To that end, and in the interest of having the largest possible impact of…

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In Memory of Jerry Weinstein

It is with tremendous sadness that we share the passing of Jerry Weinstein. In addition to being the first divorce mediator in New England, Jerry was a founding member of MCFM, our first president, the 2006 recipient of the John Fiske Award for Excellence in Mediation, and an MCFM Director Emeritus. 

A tribute to Jerry by John Fiske:

Jerry Weinstein was the father or grandfather of family mediation in Massachusetts, and the Massachusetts Council on Family Mediation was his brainchild and home. I joined the mediation family in September of 1979 after taking a year long absence from Massachusetts with my wife and 3 children with no idea what I would do upon returning. During our trek in Nepal in February my wife suggested I try to help people get divorced peacefully and when I met with Weston friends in Crete in April they had an article…

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Child Support Guidelines Task Force Comments

The 2020-2021 Massachusetts Trial Court Child Support Guidelines Task Force requested the submission of comments by December 15, 2020 to assist them in updating the guidelines as required every four years.  After multiple meetings and requests for submissons from MCFM members an ad hoc committee put together comments to be submitted from MCFM.  These are the comments we submitted:

To the Task Force:

The Massachusetts Council on Family Mediation, Inc. (“MCFM”), requested input from our members in response to the 2020-2021 Massachusetts Trial Court Child Support Guidelines Task Force’s (“Task Force”) request for comments. 

We collected comments from our members, who are experienced family mediators in Massachusetts, via e-mail and in two facilitated Zoom sessions.  We have collected and organized these comments in an effort to provide concise and clear feedback to the Task Force from MCFM members.  In some places we have summarized multiple…

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In Memory of Rebecca Cohan

Rebecca M. Cohan, long-time MCFM member, passed away on December 6, 2020. As a therapist she worked with individual clients, couples and families for over 40 years, and in 2002 she began working as a family mediator as well. Rebecca continued to help families through her Co-Mediation practice with attorney Stephen Linsky and in her work as a GAL and Parent Coordinator. Our thoughts are with her family, friends, and colleagues. 
 
You can find her obituary here. In lieu of flowers, remembrances may be made to either the American Civil Liberties Union (ACLU) or the Angell Memorial Animal Hospital in Boston, MA, both of which Rebecca enjoyed supporting. 
 
…
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