Letter From the NYSCDM President
As I reflect on the beginning of my term as president of the New York State Council on Divorce Mediation, I am humbled. I am also awed and inspired by everything that has been accomplished and all the opportunities that present themselves. I believe we are truly at the beginning of a new era for mediation in New York. For 25 years our practice has been seen as an alternative on the fringe and not understood. While most of the nation and for that matter the world has been embracing the use mediation, New York has remained in the Dark Ages, suspicious and ignorant. But as Bob Dylan sang, “The Times they are a changing.” And changing they are.
With the advent of the model standards and the enactment of those standards by numerous states mediation received a formal stamp of legitimacy in other states.
The recent endorsement of the use of mediation by the Matrimonial Commission has restated that stamp of legitimacy. The Commission even endorsed the use of mediation terms that have developed over the years like, “parenting time” instead of “visitation” or “custody.”
In 2002 at the conclusion of a regional meeting of the International AFCC in NYC a group of attendees began the formation of the New York chapter of the AFCC. For the first time in New York we had a statewide interdisciplinary organization available as a forum to address improving the outcomes for children and adults in domestic disputes.
Numerous other successes have contributed to a building momentum. Some of those have come from the court system as pilot programs around the state like supporting the use of mediation in custody issues and even the appointment of parent coordinators.
The mediation community has also been the source of several initiatives. They started with a group of progressive minded leaders, who formed the Coalition of New York State Conflict Resolution Organizations (CoNYSCRO) to collaborate on common goals. While CoNYSCRO has not officially met in several months, the initiatives they started continue with the statewide mediation awareness campaign and a planned ACR-GNY gathering of the dispute resolution community this fall. The statewide mediation awareness campaign is supported by several member organizations (including our Councils) in partnership with the State ADR office. That two year effort is on the verge of implementing phase one of the effort which includes publishing a collaborative website, hosting a toll free number to distribute brochures, and distributing posters informing the public about mediation around the state. We’ll need your help distributing the posters. The gathering hosted by ACR-GNY will explore ways the community can further collaborate in advancing the understanding and use of mediation.
At the same time, the State Council and City Council boards have reinvigorated their own public relations and public awareness efforts. Both council’s could leverage their resources by cooperating in these efforts. In August Jonah Schrag, Allison Bell and Mark Banchick were on the CBS Morning News as part of a three part series presenting the benefits of mediation in divorce. Awesome performance by all! We can and must support more of this type of exposure.
In June of last year the NYC Bar Assn Committee on ADR published a report on mediator quality and stated “Critics of mediation, including some advocacy groups who are wary of it, observe that anyone can act as a mediator because no agreed-upon system exists to substantiate mediator competence and reliability. This is also a matter of concern to skilled and conscientious mediators who wish to promote public confidence in the process.” And in June of this year, ACR-GNY's annual conference was based on a theme of mediator quality and oversight.
“The times they are a changing.” It is no surprise that as New Yorkers discover mediation and more people begin to use it the issues of quality, competence, reliability, standards, and oversight will rightly get more attention. Fortunately, we’ve been ahead of the curve. NYSCDM has had the accredited mediator designation since 1989 establishing advanced standards of proficiency, and this year both Councils have distinguished the designation by providing a unique listing for accredited members on their respective websites. The Councils have collaborated on addressing issues of ethics and safety for several years and required members to attest to their adherence to model standards. Last year members of the state and city Council joined NYSDRA to support their efforts in establishing a basic certified mediator designation.
Have we done enough and if not where do go from here? We have been the authority on divorce mediation in NY and if we are to go to retain that we must continue to set the standard. For several years, the State Council has been reviewing our own accreditation standards. We have been reviewing the full continuum of standards from beginner to seasoned practitioner. We have examined what the beginning mediator needs in support of their progress to accreditation and what the accredited mediator needs beyond the continuing education requirements.
This year NYSCDM has begun two new initiatives to support excellence and proficiency. The first initiative is developing a new curriculum for a professional family and divorce mediator accreditation/certification category. This will not only expand the required knowledge base will also provide a formalized curriculum for family and divorce education providers throughout the state. To give you a sneak peek of the initial concept: we expect to have the curriculum divided into 10 modules ranging from the specifics of domestic relations law, financial and tax issues, child development, family systems dynamics, domestic violence issues, elder law issues, practice and theory of mediation, and practice management. This model will provide both a curriculum for mastery and an annotated syllabus that can serve as a resource in the day-to-day practice of our members. If all goes well we’ll be able to introduce you to this at the 25th Annual Conference on May 1-3, 2008. Mark your calendars it sure to go beyond everything we’ve done before.
The second initiative is to encourage the formation of peer groups and provide suggested structures to help them be more supportive and their meetings more rewarding for new and experienced practitioners alike. Ideally, these peer groups will become autonomous affiliated chapters of the NYSCDM helping to organize the state under one organization with grassroots support, representation and influence.
This new era may be a paradigm shift. If it is, some will object and want to hold on to the old ways. Paradigms don’t shift easily. It will take an extra effort to cross the critical mass barrier. Those of you who have been fighting the good fight, and you know who you are, thank you and I appreciate your sustained efforts. So much has already been done. For those of you who have been reluctant to join or didn’t think you’d make a difference, this is the time. We need all the helping hands we can get. The moment of transition to the new requires the most effort from those capable of seeing the future.
One could say not much has changed since Bob Dylan sang, “The times they are a changing.” They are still changing but I do believe the rate of change is accelerating and just like driving - the faster you go the more prudent it is to wake up and participate in the driving.
As an emerging professional field we are only as good as the level of participation and dedication of our members. In service of that I invite you all to get involved. Each of you has a unique gift to offer the recognition and establishment of our field. To contribute to the unfolding of something very special that can help every child and family in New York. The community and our Council need you now. Join a committee, peer group, or board. Our destiny is only ours to the extent we participate in its unfolding.
- Rod Wells, President
