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November 2023

Welcome

Welcome to readers of Making the Connection!

In this issue, you will find:

In Focus: Celebrating the Life and Example of My Mother, Edith R. Schwartz
Question of the Month, on mediators providing information to the parties
Case on Point, interpreting and applying the Ending Forced Arbitration of
Sexual Assault and Sexual Harassment Act of 2021
At the Podium, listing my speaking engagements and public appearances
Client Corner, spotlighting client events and announcements

In Focus

Celebrating the Life and Example of My Mother, Edith R. Schwartz

I am proud to come from a long line of accomplished women, including my grandmothers and my mother. Sadly, my mother died recently at the age of 91. She was an inspiration to me, overcoming a traumatic childhood escaping from Nazi Germany to become a trailblazing biochemist. She was in the first class of girls to graduate from the Bronx High School of Science. She taught me the values of courage, hard work, persistence, and resilience. For more on her background and life, click here for her obituary. May her memory be a blessing.

Question of the Month

This month's Question of the Month was asked by an attendee at a Surrogate Court's Mediation Training I attended.

Q:Can mediators share information with the parties about applicable legal standards that a judge would use in deciding a case if it does not settle in mediation?

A: In relevant part, New York's Mediator Standards of Conduct provide: "A mediator should inform the participants that they may obtain independent advice from lawyers and other professionals. . . A mediator may provide information that the mediator is qualified by training or experience to provide if the mediator can do so consistent with these Standards." Thus, a mediator can provide legal information (if they are qualified to do so), but not advice. Such information can help the parties better understand how a case might be decided, and also allow them to focus their discussions on relevant topics.

Case On Point

Johnson v. Everyrealm, Inc.

(S.D.N. Y. 2023 )

By enacting the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, Congress ensured that employees asserting claims for sexual assault or sexual harassment could elect to have their claims heard in court, even if they had signed a pre-dispute arbitration agreement. In Johnson v. Everyrealm, Inc., the court had to decide whether the law also applied to other claims, such as pay discrimination or whistleblower retaliation, which might accompany a claim of sexual harassment or assault. Relying on the language of the statute referring to a "case" rather than a "claim", the court held that it did, provided the sexual harassment or assault was plausible. This distinction is intended to deter employees from evading applicable arbitration provisions in employee agreements by fabricating sexual harassment or assault claims.

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At the Podium

This is a listing of speaking engagements, workshops, events and other public appearances. To book me as a speaker or facilitator at your next company, client or association function, contact me at lisa@lisapom.com.

I have been designated by the Association for Conflict Resolution as an Advisor to
to Jewish Family and Children Services of Northern New Jersey which received a grant from the JAMS Foundation/ACR Initiative for Students and Youth to support its programming to improve children's conflict resolution skills.
I will again coach the Touro Law School mediation team in the New York State Bar Association Mediation Competition next spring.

Client Corner

Client Corner features client announcements and events of potential interest to readers.

On November 17, 2023, Moxxie Network will host a Midday with Moxxie East End networking lunch at Hotel Indigo. Click here for information and registration.

80 Orville Drive, Suite 100 | Bohemia, NY 11716

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