THE
NEUTRAL ZONE
a monthly publication by the
Community Mediation Center
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the neutral zone
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Content
News and Updates
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News and Updates: Welcome to our New Mediators, Spring Class 2005
Some of you CMC seasoned mediators will soon have the opportunity to
mediate with our new mediators who were trained in our Spring 2005,
class. They are a wonderful group. Seek out these mediators in
upcoming social and training gatherings (Yes, we will be hosting
social events upcoming, probably in the summer, in conjunction with
TVMA!): I know, I know, they are SO good! Just the right additions to our CMC Volunteer Family.
CMC Board Meeting:
TVMA Dates:
Mediation Links:
Mediation Book
Recommendations: CMC encourages you to use local booksellers, public libraries, used booksellers, and recycled books, as well as online sellers.
Remember April
is Sexual Assault Awareness Month! Large Thank Yous to all who came out and supported CMC and YVMA at the Mediation Day Luncheon and Peer MediationFest on April 8! A special thanks to all our wonderful speakers: General Randy Nichols, Judge Chuck Cerney, Mary Rose Zingale, Esq., and Jay Banks!
We appreciate the help of our volunteer VISTAs who worked to
put on the MediationFest for area middle and high schoolers: Sarah
Krivenki, Lesley Rohrer, and Cathy Sellers. (We also recognize
Richie Ward and Devon Sellers as enthusiastic and honorary VISTAs!) |
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The husband and wife mediated a divorce agreement but did not sign it, or even reduce it to writing---all oral, with the only record an audiotape made by the mediator. Before their hearing where it was expected that the court would approve the agreement, the husband repudiated the terms. The wife attempted to hold him to his oral agreement, but the trial court held she could not do so, that an oral agreement reached by parties to mediation was not binding and enforceable against the parties before approval by a court. The Tennessee Supreme Court agreed with the trial court, and held that the oral mediated agreement was not a substitute for an order and not an enforceable agreement . As seasoned CMC-trained mediator, you might be asking, "What in the heck happened? Why wasn't this agreement written down?" Here's the rest of the story: A Rule 31 mediator was in charge, and both husband and wife were represented by counsel. The mediator explained to the parties ahead of time that if they reached an agreement, he would prepare a summary of it, and that written summary would document their agreement. The parties mediated and reached agreement on all matters. The hour was late, and so the parties were not able to immediately go into court and present their agreement to the judge for an entry of judgment. Instead, the mediator dictated and audiotaped the terms of the agreement while the parties and their attorneys listened. Everyone approved the agreement as dictated. Before the mediator and counsel could file a report to the Clerk and Master (which had to be done within 72 hours of the mediation), the husband repudiated the agreement. The wife argued that the dictated tape of the agreement was evidence of a real agreement and was enforceable against the husband. The wife was making two arguments: one, that an oral mediated agreement was just as good as a court order, and two, that an oral mediated agreement could be enforced by the court as it would an oral contract. In response to wife's argument #1, the trial court cited to Harbour v. Brown for Ulrich,732 S.W.2d 598 (Tenn. 1987), which held that once an oral agreement is announced or stipulated to in open court, the judge can enforce it as a consent judgment, regardless of whether a party repudiates after the announcement but before judgment is entered. The Ledbetter court specifically held that a Rule 31 mediation session is NOT a court proceeding which would satisfy the requirements of Harbour. As for argument #2, that an oral mediated agreement is a contract, the court held that the oral statements made in a mediation would not be allowed to be admitted under Rule 31 Tenn. R. Sup. Ct. 31(7). The court also looked to Rule 31, section 10(d) which requires consent of parties before disclosing information obtained in mediation. Also the Tennessee Rules of Evidence 408 forbid disclosures to the court in civil matters concerning any conduct or statement made during a compromise negotiation or settlement meeting, including the fact that there was such a meeting. I think we at CMC would collectively say, "What part of ALWAYS WRITE IT DOWN AND GET IT SIGNED BEFORE LEAVING THE ROOM do you not understand?" The opinion is available for download on the Administrative Offices of the Court (AOC) website, www.tsc.state.tn.us/opinions/tsc/Sc2qtr2005.htm Thanks to the Tennessee Bar Association Dispute Resolution Section for the information. www.tba.org/med-dir/index.html
If any of our mediators
have any questions about Rule 31, please call CMC and we can direct
you to the answers. If anyone is a Rule 31 mediator and would like
to be on the CMC referral list, please ask us! 594-1879. |
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Website progress Our newly designed website is closer to being online---we expect it to be ready in the next month. CMC staff will be seeking input from our volunteers about the content, so that the website can be helpful to you. We also want pictures of everyone, along with a short bio. Because of our new web hosting arrangement, every volunteer could have his or her own web page! We anticipate some interactive features, such as a "volunteers only" password accessed calendar for uploading availability and feedback; a listserv for discussions and questions; and even a chatroom for our peer mediators (or any adult mediators who know how to do online chatting...). The web address will continue to be www.2mediate.org Our new staff email addresses:
John Doggette:
jdoggette@2mediate.org |
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“Our Mediation Community” In 2005, “Our Mediation Community” will air Mondays at 11:30am and Wednesdays at 9:00pm. The program features guests who help to promote peace in our community. Please check in every week on the CTV channel (Channel 12 on Comcast Cable or check schedules week by week at: www.communityknox.org/CTV_daily.htm
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Mediation
Lessons
