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Fall 2023 Mediation Training Day

Registration, Schedule, and Agenda

2023 Fall Training Event and Meeting of the
North Carolina Association of Professional Family Mediators

5 CLE's, Three Educational Seminars, One Day

Wednesday, November 29th at 9:30 AM to 3:00 PM. Lunch at the Starmount Forest Country Club is included. 

Negotiating and Mediating Executive Compensation in a Case Settlement

Michael Wayland

 Understanding, Mediating, & Structuring Important Tax Issues in a Divorce Settlement Case

Karen Odom, CPA, CVA, MAFF, CDFA  

Financing Strategies, Hurdles, and Structuring Real Estate Settlements in Divorce

Adam Coleman, CDLP®

Seminar 1, Assets, Taxes and Divorce

CLE Application Item 13.A.

Course Title: Understanding, Mediating, & Structuring Important Tax Issues in a Divorce Settlement Case (9:30-11:00)

Course Overview:

This continuing legal education seminar is designed to provide attorneys and mediators with an in-depth understanding of how to negotiate and mediate important tax issues in a divorce settlement cases, including uncovering undisclosed assets and income, apportioning dependent tax deductions and credits, limitations on transferring assets incident to divorce, real estate capital gains including special situations such as having rented or AirBNB’ed property, and implications of moving out of the marital home without a written agreement. 

 

Learning Objectives:

By the end of the seminar, participants will be able to understand:

  • Important tax related items to assign or share in the mediation process. 

  • Home has been used as a rental or AirBNB. 

  • When one spouse moves in, what happens on capital gains exemption on sale.

  • 2 of last 5-year rule.

  • Reduction of exclusion rule and calculation.

  • Depreciation recapture. 

  • Home has appreciated sufficiently to have tax due.

  • Divorce exception to 2 of last 5 year rule

  • What if one spouse moves out, without a written agreement.

  • What if one spouse moves out, with written agreement.

  • What the divorce settlement agreement must say about the home

  • Sale after long separation

  • Only one spouse has lived there 2 of last 5 years, but still filing jointly.

  • Only one spouse has lived there 2 of last 5 years, and filing separately.

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Presenter and Qualifications

Karen Odom, CPA, CVA, MAFF, CDFA  

Seminar 3, Real Estate, Mortgage Qualification, and Divorce Settlements

CLE Application Item 13.A.

Course Title: Issues and Strategies in Structuring a Settlement on Real Estate in a Divorce Settlement Case (2:00-3:30 PM)

 

Course Overview:

Whether mediating a collaborative divorce settlement or restructuring a real estate portfolio, there are real concerns and financing strategies involving your client’s current real estate, ability to buy one spouse out or structuring maintenance in order for the receiving spouse to qualify for a new mortgage. This continuing legal education seminar is designed to provide attorneys and mediators with an in-depth understanding of the keys to making sure your clients are well positioned for their new lives after divorce. Peace for your client comes from knowing how to set them up for success. This class covers various financing strategies and hurdles facing qualified income sources, marital debt and the disposition of the marital home. This is a great class and covers a lot of information not typically taken into consideration. 

 

Learning Objectives:

This program will:
•    Provide you with an understanding of the implications and challenges of how a divorce settlement agreement involving real estate, spousal support, child support, etc. are affected by the financial challenges and requirements as related to mortgage financing and tax law. 
•    You will learn how to settle divorce cases with real estate & mortgage financing faster and how to reduce common hurdles for clients needing mortgage financing post-decree. 
•    How to avoid common issues post-decree when real estate is present; 
•    Understanding various financing strategies and financing impediments in divorce settlements. 
•    Strategies for establishing income sources to qualify for obtaining or refinancing a mortgage, the impact of marital debt on the loan approval, and ultimately options for the disposition of the marital home.​

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Presenter and Qualifications

Adam Coleman, CDLP®

•    Certified Divorce Lending Professional®
•    Branch Manager and Senior Mortgage Planner
•    20 years’ experience in Finance & Mortgage Lending
•    Helped over 2,000 individuals and families with their mortgage needs
•    Host of the Mortgage Planning Podcast
•    CLE & CE Provider: NC Bar Association, CFP Board, Institute for Divorce Financial Analysts

Seminar 2, Executive Compensation & Divorce

CLE Application Item 13.A.

Course Title: Negotiating and Mediating Executive Compensation in a Case Settlement (11:15- 12:45)

Course Overview:

This continuing legal education seminar is designed to provide attorneys and mediators with an in-depth understanding of the myriad of types of executive compensation and how to address them when negotiating or mediating a divorce settlement. From phantom stock awards to a rabbi trust, executive compensation is not well understood even by the most experienced practitioner due to the variety of compensation methods, lack of mandatory corporate reporting on certain compensation methods, non-transferability of some compensation methods, and the inherent reluctance of clients to disclose.

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Learning Objectives:

This class will sharpen your negotiation and mediation skills by providing you essential knowledge of:

  • Negotiating executive compensation as part of an overall case settlement.

  • Types of current compensation

  • Understanding incentive compensation plans

    • Short term incentive compensation Plans

    • Long term incentive compensation plans

    • Contingent long term performance awards

  • Stock based incentive compensation plans.

  • Cash based incentive compensation plans

  • Other forms of compensation

  • At risk vs not at-risk compensation.

  • Deferred compensation plans

  • Retirement plans

    • Qualified Plans

    • Non-qualified plans

    • Defined benefit plans

    • Defined contribution plans

    • Negotiating and dividing DB and DC plans

    • Dividing a non-qualified plan that doesn’t permit division.

  • Dodd Frank Act claw backs

  • Executive Fringe Benefits

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CLE Application Item 13.C.

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Presenter and Qualifications

Mr. Wayland is Associate Professor of Business at Methodist University in Fayetteville, North Carolina where he has been teaching undergraduate business and law classes for the past 17 years.  He has almost twenty (40) years experience mediating disputes, negotiating contracts, and preparing and presenting arbitration cases as an advocate for a number of major corporations. Wayland moved into the non-profit sector in 2002 and is a private practice Mediator, Arbitrator, and Consultant. 

Prior to 2002, Mr. Wayland worked in the corporate sector in senior executive positions with corporations including Chrysler, Pepsi - Frito Lay, Stanley - Black and Decker, NBC Broadcasting and GE Financial Corporation. In his role at Chrysler, he was responsible for, among other things, employee compensation analysis, executive compensation plans, retirement plans, and deferred compensation plans. Throughout his career he has been responsible for developing and redesigning executive compensation plans.
Mr. Wayland holds an undergraduate degree in Psychology with a minor in Industrial Relations (dispute resolution) from Providence College in Providence Rhode Island, a master’s degree in Industrial Relations (dispute resolution) from Wayne State University in Detroit, Michigan, and he is ABD in the Doctoral Program in Human Resource Development at George Washington University. In addition, he has taken post graduate classes in negotiation and mediation at Capital University Law School in Columbus, Ohio and is a graduate of the Advanced Mediation program at Harvard University Law School in Cambridge, Massachusetts. Mr. Wayland is approved by the accreditation committee of the American Bar Association to teach undergraduate law classes. 
 

Agenda:  
 

9:00-9:30 — Registration and networking

9:30-11:00 — Seminar 1

11:15 -12:45 — Seminar 2

1:00-2:00 — Complementary lunch in the country club

2:00-3:30 - Seminar 3

Lunch Options:  

Your choice of:

  1. PAN SEARED CHICKEN BREAST WITH GRUYERE CUSTARD POTATOES, ROASTED LEEKS, VICHY CARROTS, MUSHROOM DUXELLES AND PAN JUS

  2. THYME & ORANGE ZEST SEARED SALMON FILET WITH ROOT VEGETABLE MIREPOIX, ZUCCHINI RIBBONS AND PEAR VINAIGRETTE 

  3. ROASTED VEGETABLE LASAGNA (RICOTTA, PASTA, FRESH MOZZARELLA, POMODORO SAUCE)

When and Where:

Wednesday, November 29th, 2023 at 9:00 AM

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This will be held at the Starmount Forest Country Club in Greensboro North Carolina

1 Sam Snead Drive, Greensboro, NC 27410

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Registration is limited to 40 participants.

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Cost: 

The cost for all three seminars and lunch is:

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Members: $45.

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Non-Members: $40 for a year membership and $45 for the event.​

Register Here: 
Registration is limited to 40 participants.

Questions?

Contact Brooke Schmidly at registrar@ncapfm.com

 

We’ll be happy to help. We look forward to seeing you there!

2024 Meetings:

We are working on topics and speakers. If you have a suggestion, click on our “Leadership Team” page and send your suggestion to Mary Salisbury- Chair, Continuing Education

Information about our general meetings:

The agenda for most meetings (Except Fall) includes:

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  • 9:00 – 9:45       Coffee, light breakfast snack, and networking

  • 9:45 – 10:00      Brief Membership Meeting

  • 10:00 – 12:00     Education program beginning promptly at 10:00

  • 12:00 – 12:45     Lunch – provided by the NCAPFM

Membership meeting agenda items should be submitted to the NCAPFM president or secretary at least two weeks prior to that meeting’s date.

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Guests are welcome at any of our meetings, although there is a charge of $10.00 for any non-member who would like to receive a continuing education certificate.

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If you a current member of the NCAPFM and would like to bring a guest, please register that guest through the EventBrite registration portal that is emailed to you during the month preceding the meeting.

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If you are not a member of the NCAPFM and you wish to attend as our guest, we would be happy to have you.  Please contact our Meeting Registrar, Mr. Mike Musselman, by sending an email HERE.

Some of the recent training topics we have covered

  • Estate Planning Concerns During Divorce

  • Mediating Disputes in Military Divorces

  • The 2018 Tax Legislation and How it Affects Mediators

  • The Problem with Money – And How to Mediate Around It

  • Mediation Theory and Practice

  • Opening Statements – The Mediator’s and Counsels’

  • Divorce Financial Analysts in Mediation, Collaboration and Litigation

  • Protecting Children from the Burdens of Divorce

  • Writing Mediation Summaries – How to Avoid the Practice of Law

  • The Financial Aspects of Divorce – How Settlement Options Affect Your Client’s Financial

  • Back to the Basics:  What does John Haynes, one of family mediation’s founders, have to teach us about process?

  • Selected and Unusual Financial Issues Found in Mediation

  • The Gray Divorce – Redefining the Golden Years

  • The Social Science of Custody Schedules

  • An Introduction to Non-violent Communication

  • High Conflict Couples

  • Top Child Topics for Family Mediators

  • Calculations for High Income Falling Outside the NC Child Support Guidelines

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The North Carolina
ASSOCIATION OF
PROFESIONAL FAMILY MEDIATORS

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