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September 2022
Welcome to readers of Making the Connection
In this issue, you will find: 
  • In Focus : In appreciation of the Association for Conflict Resolution 
  • Question of the Month, addressing the proper scope of an attorney's advice to clients
  • Case on Point, discussing the waiver of an agreement to arbitrate.
  • At the Podium, listing my speaking engagements and public appearances
  • Client Corner, spotlighting client events and announcements
In Focus

In Appreciation of the Association for Conflict Resolution
Last week, I had the pleasure and privilege to attend the Annual Conference of the Association for Conflict Resolution  in Orlando to present on Using Mediation to Navigate Family Business Disputes. I also attended a variety of sessions addressing cutting-edge and challenging issues, such as:
  • If and how should mediators identify mental health issues of parties and adapt the mediation process to accommodate them?

  • What  opportunities and limitations do ombuds face in assisting client organizations in identifying and addressing workplace culture issues?

  • How can conflict resolution professionals assist client organizations and their employees to become more conflict competent?

    These sessions prompted terrific discussions over meals and at receptions involving conflict resolution professionals from a variety of backgrounds, including attorneys, mediators, coaches, case managers, law enforcement, therapists, etc. working in a variety of settings, including court-annexed processes, family, workplace, education, environmental, etc.  I look forward to sharing my experiences with my students at Touro Law School and incorporating some of these lessons in future negotiations and mediations.

Question of the Month
This month's question was prompted by a discussion at the ACR Conference about the role of an attorney whose client is participating in mediation.
Q: What is the proper scope of advice an attorney can  provide to a client?

A: In representing a client, a lawyer shall exercise independent professional judgment and render candid advice. In rendering advice, a lawyer may refer not only to law but to other considerations such as moral, economic, social, psychological, and political factors that may be relevant to the client’s situation.
Case On Point
In this month's case, the court considers the applicability of New York City's Freelance Isn't Free Act.
Chen v Romona Keveza Collection LLC
(N.Y. App. Div., 1st Dept. 2022)
New York City enacted the Freelance Isn't Free Act to protect freelancers against non-payment by customers. Customers who fail to pay are potentially liable for double damages,  attorneys' fees and costs.  At issue on appeal was whether a model who contracted to provide services to the defendant through an agency met the definition of "freelancer" under the statute. FIFA defines a "freelance worker" as "any natural person or any organization composed of no more than one natural person, whether or not incorporated or employing a trade name, that is hired or retained as an independent contractor by a hiring party to services in exchange for compensation.  

Defendant contended it contracted for the model's services through the agency and therefore that the model was employed by the agency. Although the statute contained various exceptions from these definitions, there was no exception for individuals who contracted through a third party.  The Court concluded that additional discovery was needed regarding her status and remanded the case to the trial court to permit the factual record to be developed further.

At the Podium
This is a listing of speaking engagements, workshops, events and other public appearances. At the Podium events are listed on the calendar page of my website. A listing of available presentations and workshops is also posted.   To book me as a speaker or facilitator at your next company, client or association function, contact me at lisa@lisapom.com.    
  • I look forward to attending and presenting at the International Mediation Symposium from May 18-21, 2023,  sponsored by the Center for International Legal Studies in Salzburg, Austria. 
Client Corner
Client Corner features client announcements and events of potential interest to readers.  Some Client Corner events are also listed on the calendar page of my website.    

  • Moxxie Network hosts a Midday with Moxxie luncheon on October 6, 2022 at Limani Taverna in Woodbury from 12:30 to 2:00 p.m. Click here for information and registration.

  • Moxxie Mentoring Foundation, Inc. hosts its Emerald Summit Fundraising Luncheon, Friday, October 28 from 12 Noon ­ 3 PM at The Heritage Club, Bethpage State Park. Information and registration are posted here.

80 Orville Drive, Suite 100 | Bohemia, NY 11716
© 2022, Lisa Renee Pomerantz. All rights reserved.

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