Event Title
Mediation & Collaborative Strategies: Creating a Safe Space for a Difficult Discussion
Abstract
Debra A. Vey Voda-Hamilton, Esq. 914-273-1085
Hamilton Law and Mediation
www.hamiltonlawandmediation.com All Rights Reserved.
3rd International Veterinary Social Work Summit
The Link Between Violence to Animals and Violence to People
Mediation & Collaborative Strategies–
Creating a Safe Space for a Difficult Discussion
Dr. Randall Lockwood, PHD, Senior Vice President for Anti-Cruelty Initiatives and Legislative Services at the ASPCA, has spoken on the topic of animal abuse. Dr. Lockwood believes that the abuse of animals is often a good predictor of future abusive behavior toward a spouse or child. Further, that violence between people can sometimes spill over to their pets. In divorce, domestic violence and child abuse cases, animals are often used as pawns in settlement negotiations and parties unwittingly maintain the status quo or create an outlet for another party’s anger. These emotionally charged and potentially violent situations are real, have deep emotional underpinnings and importantly are poorly served by the legal system and courts.
Parties in conflict most often believe there are only two resolution strategies available in these situations: suffer in silence or litigate. Neither strategy creates a space for safe and effective discussion. Our summit will explore a third process - Alternative Conflict Resolution (ADR) methods called: Mediation or Collaborative Practice. Mediation or Collaborative strategies enable parties in conflict to have a conversation with a neutral mediator that helps to extricate them from a potentially violent situation. When animals are targets of violence, intervention through mediation or collaborative process can prove to be effective and yield a more long-lasting, party driven solution.
Mediation supports all parties in a conflict and enables them to have a discussion in a safer and confidential environment. In conflicts that include violence, a mediator’s job is complicated by the need to assure that everyone feels safe and is heard in the process. Parties must meet on common ground, listen, understand and respect each other’s position. In that mediated environment, a shift in polarized positions may often occur. If equalization is not achieved, mediation must be terminated.
A Collaboration process gives each party the ability to hire their own attorney but forfeit their ability to litigate the matter with these representatives. This is done in an effort to keep everyone’s eye on resolving the conflict. The collaborative process may be used as a stopgap strategy between mediation and litigation in cases of violence against animals.
The successful track record of Alternative Dispute Resolution methods more commonly used in very emotional and polarized divorce and labor disputes supports the potential for successful application in cases of violence against people and animals.
Courts are also very ill equipped to respond to situations of violence against animals. As a result, Mediation and Collaborative Processes and party-driven resolution strategies are better able to administrate and understand an animal conflict and can be much more responsive to the needs of both animals and people involved in a conflict. They can also reach a desired change or settlement that may not be prioritized by the court.
When addressing the specific issue of violence against animals, one cannot ignore the ethical responsibilities of the professionals involved. They are expected to act both in the people and animal’s best interest.
My presentation explores a more people centric way of handling these violent situations so everyone, human and animal alike, is able to survive and thrive.
Track
The link between human and animal violence
Preferred Presentation Format
Workshop: 1-hour workshop
Location
LECONTE ROOM
Start Date
11-4-2013 1:30 PM
End Date
11-4-2013 2:30 PM
Mediation & Collaborative Strategies: Creating a Safe Space for a Difficult Discussion
LECONTE ROOM
Debra A. Vey Voda-Hamilton, Esq. 914-273-1085
Hamilton Law and Mediation
www.hamiltonlawandmediation.com All Rights Reserved.
3rd International Veterinary Social Work Summit
The Link Between Violence to Animals and Violence to People
Mediation & Collaborative Strategies–
Creating a Safe Space for a Difficult Discussion
Dr. Randall Lockwood, PHD, Senior Vice President for Anti-Cruelty Initiatives and Legislative Services at the ASPCA, has spoken on the topic of animal abuse. Dr. Lockwood believes that the abuse of animals is often a good predictor of future abusive behavior toward a spouse or child. Further, that violence between people can sometimes spill over to their pets. In divorce, domestic violence and child abuse cases, animals are often used as pawns in settlement negotiations and parties unwittingly maintain the status quo or create an outlet for another party’s anger. These emotionally charged and potentially violent situations are real, have deep emotional underpinnings and importantly are poorly served by the legal system and courts.
Parties in conflict most often believe there are only two resolution strategies available in these situations: suffer in silence or litigate. Neither strategy creates a space for safe and effective discussion. Our summit will explore a third process - Alternative Conflict Resolution (ADR) methods called: Mediation or Collaborative Practice. Mediation or Collaborative strategies enable parties in conflict to have a conversation with a neutral mediator that helps to extricate them from a potentially violent situation. When animals are targets of violence, intervention through mediation or collaborative process can prove to be effective and yield a more long-lasting, party driven solution.
Mediation supports all parties in a conflict and enables them to have a discussion in a safer and confidential environment. In conflicts that include violence, a mediator’s job is complicated by the need to assure that everyone feels safe and is heard in the process. Parties must meet on common ground, listen, understand and respect each other’s position. In that mediated environment, a shift in polarized positions may often occur. If equalization is not achieved, mediation must be terminated.
A Collaboration process gives each party the ability to hire their own attorney but forfeit their ability to litigate the matter with these representatives. This is done in an effort to keep everyone’s eye on resolving the conflict. The collaborative process may be used as a stopgap strategy between mediation and litigation in cases of violence against animals.
The successful track record of Alternative Dispute Resolution methods more commonly used in very emotional and polarized divorce and labor disputes supports the potential for successful application in cases of violence against people and animals.
Courts are also very ill equipped to respond to situations of violence against animals. As a result, Mediation and Collaborative Processes and party-driven resolution strategies are better able to administrate and understand an animal conflict and can be much more responsive to the needs of both animals and people involved in a conflict. They can also reach a desired change or settlement that may not be prioritized by the court.
When addressing the specific issue of violence against animals, one cannot ignore the ethical responsibilities of the professionals involved. They are expected to act both in the people and animal’s best interest.
My presentation explores a more people centric way of handling these violent situations so everyone, human and animal alike, is able to survive and thrive.
Speaker Bio
DEBRA A. VEY VODA-HAMILTON
6 Pioneer Trail ∙ Armonk, NY 10504 ∙ (914) 552-5021 ∙ dhamilton413@aol.com
SUMMARY
An attorney with significant animal law experience, including civil litigation, collaborative and mediated resolutions in contract disputes, criminal and civil disputes involving animal issues collaborative divorce and divorce mediation. Demonstrated leadership, advocacy, organizational and program coordinating abilities. Fundraising professional with proven record of achieving financial goals. Nationally recognized breeder, owner and handler of top winning show dogs. Admitted in New York and to the U.S. Supreme Court. Certified in both Collaborative Law and Mediation.
LEGAL EXPERIENCE
Debra A. Vey Voda-Hamilton, Esq.
Hamilton Law & Mediation, PLLC
Armonk, New York
Solo Practitioner October 2008 – Present
Solo practitioner offering collaborative and mediation processes in contract disputes, criminal and civil disputes involving animal law issues and divorce. Consults on a nationwide basis in matters pertaining to alternative dispute resolution in the animal law field. Providing pro bono legal services to Angel on a Leash, a 501C3 Charity .
Harlem Stage
New York, New York
Attorney/Extern 10/ 2009 – 12/2009
Assisted Board Governance Committee in drafting Board Manual and required post-Sarbanes/Oxley policies. Researched and drafted memoranda involving recent changes in IRS Form 990 filings, annual giving policies and products available to expedite planned giving.
NY State Metropolitan Transportation Authority, Office of the Inspector General
New York, NY
Assistant Inspector General 1987 - 1996
Coordinated investigations into mismanagement and labor violations.
Collaborated with labor, public policy and legislative advocates within and outside MTA statewide.
Westchester County District Attorney’s Office, White Plains, NY
Assistant District Attorney 1985 - 1987
Coordinated appellate responses and motion papers in criminal and domestic violence matters. Conducted local criminal trials.
New York City Police Department, Department Advocate’s Office
New York, NY
Assistant Department Advocate 1983 - 1985
Handled labor disputes and internal disciplinary actions against NYPD police officers.
Conducted pre-trial interviews. Prosecuted defendants for departmental infractions.
DEBRA A. HAMILTON Page 2
dhamilton413@aol.com
(914)552-5021
DEVELOPMENT EXPERIENCE
Williston Northampton School, Easthampton, MA
Alumni Parent Representative 2008 - present
Boarding Parent Representative, Parent Association 2005 - 2008 Legacy & Annual Fund Solicitor 2006 - 2008
Award for Eminent Service – The Alumni Association 2008
Worked with Williston administration and Parent Association on two year capital campaign resulting in $36 million dollars. Collaborated with educational administrators, marketing professionals on long- range school strategy.
The Rectory School, Pomfret, CT
Parent Association Treasurer 2006
Annual Fund Committee Member 2004 - 2006
Organized and operated fundraisers with administration and Parent Association members.
Solicited operating funds capital, achieving over $15,000 in both 2005 and 2006.
Served as Coordinator for Alumni Day 2006
Byram Hills Education Foundation, Armonk, NY
Board Member 2002 Fundraising Co-chair
Raised approximately $30,000 for Education Foundation.
EDUCATION
Center for Understanding in Conflict/The Center for Mediation in Law December 2010
Mediation Intensive Training
Jack Himmelstein and Gary Friedman
Certificate of Completion Awarded
New York Association of Collaborative Professinals November2010
Intensive Training in Collaborative Divorce Practice
Certificate of Completion Awarded
Mediation Training – New York Center for Interpersonal Development July 2010
Family & Divorce Mediation - – A. Berner, Esq. & S. Stalder
Certificate of Completion Awarded
Mediation Training
Community Mediation Services, Jamaica, NY March 2010
Cluster Mediation Service, Yonkers, New York May 2010
Certificates of Completion Awarded in Basic and Family Mediation
Mediation Training – Fordham Law School March 2010
Commercial Mediation - Certificate of Completion Awarded
DEBRA A. HAMILTON Page 3
dhamilton413@aol.com
(914)552-5021
Pace University School of Law, White Plains, NY
“New Directions: Practical Skills for Returning to Law Practice” December 2009
Certificate of Completion Awarded
Benjamin N. Cardozo School of Law, New York, NY
J.D. 1983
The American University, School of Government and Public Administration
Washington, D.C.
B.A., Public Affairs 1980
Semester Abroad: University Of Copenhagen, Copenhagen, Denmark 1978
Bar Admissions
Admitted to the 2nd Department New York State January 1984
Admitted to practice before the U.S. Supreme Court November 1989
Additional Certifications and Professional Affiliations
New York State Bar Association 1984 - present Solo Practitioner Committee Member 2005 -present
General Law Committee 2009-present
TIPS Committee 2010-present
New York Association of Collaborative Professionals 2010-present
International Association of Collaborative Professionals 2010- present
New York State Collaborative and Divorce Mediation 2010- present
New York State Dispute Resolution Association , Inc. 2010-present
ADR-GNY 2010-present
NYCLA 2010-present
Animal Law Committee 2010-present
American Bar Association: 1984-present
Animal Law Committee 2010-present
TIPS/ADR 2010-present
Certified Fraud Examiner 1990 - 1998
COMMUNITY SERVICE/VOLUNTEER ACTIVITIES
Eastern Irish Setter Association
Member 1984 - present
Board Member, President, Corresponding Secretary 1988 - present
Rescue Coordinator – NY-NJ-CT 1988- 1990
Irish Setter Club of America
Board Member-Region One 2011-present
Member 1985 – present
DEBRA A. HAMILTON Page 4
dhamilton413@aol.com
(914)552-5021
Rescue Coordinator 1988 - 1990
Assisted in Irish Setter rescue on national level
Spokesperson for Irish Setter Club of America in Region 1 (NY, NJ, PA, DE, CT, MD, VA)
ADDITIONAL ACCOMPLISHMENTS
Nationally and internationally recognized breeder, owner, handler
of Irish Setters and Longhaired Dachshunds 1984 - present
Honors
Irish Setter Club Of America National Specialty Winners, Specialty Best of Winners
Westminster Breed and Award of Merit Winners
Multiple Best in Show Winners
Titled dogs - Obedience/Rally/Agility/Field/Earth Dog
First Female Ocean Lifeguard at Jones Beach, New York 1976
U.S. Olympic Trial Participant, Swimming 1976
U.S. Junior Olympic Team Member, Region 1- Swimming 1972