Mediation - Forging Areas of Agreement and Compromise

Based in New York City, Dyan Gershman has a focus on US and international business law and handles corporate transactions and complex commercial contracts. Maintaining membership in the New York City Bar Association, Dyan Gershman is part of an organization that offers seminars on professional topics such as representing clients in mediation.

A type of dispute resolution, mediation presents an informal way of handling disputes without resorting to the expensive, time-consuming litigation and investigative processes. A mediator, acting as a neutral third party, delivers assistance in reaching a resolution that is voluntary and fully negotiated. Parties meet and discuss differing views, while working to understand past misunderstandings and define areas of agreement. Rather than seeking justice or the truth, the more manageable goal is finding a mutually acceptable outcome that both parties can tolerate.

What this means is that effective advocacy within a mediation setting takes more than the ability to present a persuasive legal argument. It requires well-honed negotiation skills, as well as the ability to communicate disparate viewpoints in ways that generate a sense of common ground. With impartiality at the forefront, the mediator must gain the trust of all parties involved, even as he or she devises the most practical way of resolving complex issues. With the parties involved controlling the narrative they may ultimately decide to resolve the dispute in the courtroom, but this at least provides an initial alternative resolution process.

 NYCBA Speaks Out against Supreme Court Ethical Lapses

Based in New York City, Dyan Gershman leads Gershman Law, PLLC, delivering counsel in wide-ranging corporate and international legal matters, from mergers and acquisitions, to intellectual property licensing, to contract negotiations. Active with the New York City Bar Association (NYCBA), Dyan Gershman follows developments in the legal sphere.

In August 2023, the NYCBA issued a statement that reflected the urgency of addressing rapidly falling levels of public trust in the US Supreme Court. With recent polling showing strong and persistent political divisions, public approval of the Supreme Court has reached an all-time low. Yet the legal body continues to be held as an impartial arbiter of the law, tasked with transcending politicized lower courts in delivering fair and thoughtful decisions.

Unfortunately, significant concerns have emerged regarding the ethical conduct of specific justices, including the potential receipt of extravagant accommodations, gifts, vacations, real estate, and other forms of benefits. These benefits were not publicly reported, as is required under federal disclosure laws. More than the ethical lapses, the NYCBA is also concerned about potential conflicts of interest that easily arise in cases related to accepting such large gifts.

In spite of these weighty ethical concerns, instances of recusals, where justices abstain from participating in decisions, continue to be exceedingly infrequent. The breach of expected behavioral norms for public office holders has led to what the NYCBA describes as an "appearance of ethical impropriety." Allowing the situation to fester instead of addressing it has delivered a blow to the reputation of the highest court in the nation.

“Aging in Place” Launches in Westchester through Habitat for Humanity

 

A longstanding presence in the New York City legal community, Dyan Gershman heads Gershman Law, PLLC, where she provides legal services in matters ranging from intellectual property and technology licensing to complex business contracts. Possessing a strong commitment to community service, Dyan Gershman has volunteered locally with Habitat for Humanity.

In March 2023, the Westchester County Habitat for Humanity partnered with Westchester Residential Opportunities, Inc., in establishing an aging in place program. Focused on energy efficiency and home repair, the $500,000 initiative provides pathways for seniors to improve their quality of life and reside in their own homes, independently and safely.

Focused on those whose income is at least 80 percent under the area median income, the program involves sending representatives out for an assessment that evaluates structural aspects of the home, as well as energy efficiency, health, and safety metrics. Among the initial services provided are installation of handrails, grab bars, and light switches, as well as the replacement of doorknobs and modifications focused on lighting and trip prevention. Accessibility modifications may also be tailored to the specific needs of those who are sight and hearing impaired.

As capacity and resources expand, the plan is to extend services to include stair lifts, entry ramps, and bathroom remodels. In tandem with certified contractors, the program will also provide access to air sealing and roof repair, insulation, window upgrades, and the replacement of boilers and HVAC systems. The results will help ensure that one of America’s most rapidly growing demographics does not face serious safety and health issues in their homes.