THE NEUTRAL ZONE
                                                                                   a monthly publication by the Community Mediation Center
 

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the neutral zone


vol.6 issue 1
1.06

 

   

Content
News and Updates

Spread the Word! CMC Volunteer Training

News from the Front

Congratulations to 2006 CMC Officers

Legal Language

Mediation Toolbox
 

 

 

Quid Novi?
News and Updates:

Our Holiday Volunteer Appreciation Party was a great success!  More than fifty attended, including three board members and officers and all CMC staff.  There were Christmas lights, music, beautiful decorations (all designed and arranged by Jen and Eva) at the Unitarian Church family room.  And the food was unbelievable---both the quantity and quality.  To everyone who attended and contributed in any way---THANK YOU!  CMC volunteers who attended would like to make this kind of gathering a regular event.  Us too!  We have gone ahead and scheduled our next party for Friday, March 17...a chance to celebrate Spring and Shamrocks...more later on the particulars, but please pencil it in on your busy calendars.

- CMC Executive Committee Meeting, Wednesday, January 18, 2006, 12 noon, Gay Street conference room
- CMC Board Meeting, Thursday, January 26, 2006, time & place TBA

- TVMA's new website is up and running and looking mah-velous, dahling!  Check it out at www.tnmediators.com Also check out the Calendar for 2006.

January 17, 2006:
  TVMA Monthly meeting and CLE/CME presentation, TVUUC.  Social time 6:30-7pm, meeting 7-8pm.  Jackie Kittrell, Esquire, CMC Interim Executive Director, and Eva Wank, CMC's intern from the University of Cologne Law School, Germany (who will have been observing our mediations), will present on comparisons between mediation styles and practices in Cologne and Knoxville.

February 3-5, February 10-13:  CMC Volunteer Training, Friday-Sunday on the first two weekends in February.  We will be conducting a revamped and improved training in partnership with the UT School of Law Mediation Clinic.  Enrollment is limited, so please tell everyone to go to our website, www.2mediate.org, and download the application, fill it out and mail it in ASAP.

Knoxville Bar Association dates:
ADR Section:  Events will always be held at Butler, Vines & Babb on the NW corner of Kingston Pike and Concord, at 5:30-6:30pm on the first Monday of the month.  They each have been approved for 1 hr CME/CLE.  $20 for KBA members; $30 for nonmembers. ($5 extra the day of the event.)  Note the location change and the price increase, both of which begin in 2006.
   
 Monday, January 9, 2006-
5:30-6:30pm, Mediation With Emotional Parties: Let the Whining Begin!

Speaker- Sarah Y. Sheppeard, Sheppeard, Swanson & Mynatt
Location: Butler, Vines & Babb offices, 2701 Kingston Pike

Monday, February 6, 2006: 5:30-6:30pm, Arbitration & ADR
Speaker:  Bruce Anderson, Anderson, Reeves & Herbert

Location: Butler, Vines & Babb offices, 2701 Kingston Pike

 

 

 

 

news from the front (office)

The new year begins!  It is such a hopeful feeling to start out with a huge to-do list and what seems like a whole year stretching out before us.

As most of you know by now, our Juvenile Court Judge, Carey Garrett, passed away on December 1, 2005, after an extended absence from the bench.  It goes without saying that we will miss him and will always appreciate what he did to assist families and children in Juvenile Court.  He was an early and strong supporter of the CMC mediation programs, and paved the way for our community mediators ability to work with juveniles and parents.  He had announced his retirement earlier this year, to coincide with the end of his term in 2006.  Two candidates were running for office:  Cynthia Chapman, the chief referee at Juvenile Court; and Tim Irwin, a local attorney and President of the Boys and Girls Club in Knox County.  When Judge Garrett died, Knox County Commissioners had to appoint a replacement, and chose Tim Irwin in December, 2005.  Judge Irwin is now on the bench at Juvenile Court and Referee Chapman has decided to work with him and withdraw from the judge's race.   I will be sure to report to all of you any news from Juvenile Court.  I expect the new Judge to be encouraging and helpful to CMC!

CMC received a technical assistance grant at the end of last year from Knoxville Leadership Foundation.  We are networking with all their members and experts, and will be receiving help throughout the year, especially in the realm of marketing, outcome evaluation, and fundraising.  This is a great opportunity for CMC to enter fully into the community of the area's service oriented nonprofits and make the most of other's experience in the field.  If any of our volunteers would like to attend these meetings or be considered as someone who could provide technical assistance to other groups, please contact me.

Big changes are coming this year!
Volunteer TLC:  First, we will be creating a mentoring program for our volunteers.  New and old volunteers will agree to participate in regular retraining, refreshers, readings and discussion groups; as well, volunteers will be required to observe mediations and help debrief with mediators afterward.  No matter how experienced, mediators need to keep up with developments in the practice, to refresh themselves about ethical issues, and to have a professional posture toward their volunteer activity.  CMC is so lucky to have so many collegial and experienced mediators to help with this new program...I thank all of you in advance.  We will be starting our Mentoring Breakfasts in March, after our new volunteer training in February, so stay tuned for more announcements on the schedule.

We will also be holding a quarterly celebration and gathering of volunteers and friends of CMC.  Our holiday party at TVUUC went so well had had such positive response that we decided to have another one on March 17, to observe St Patrick's Day and the Spring Equinox!  Again, it will be at TVUUC, from 5:30-8:30pm, in the big fireplace room.  (There's also a patio, so we could have some outdoor mingling too.)

Our new volunteer training will take place this year in collaboration with the UT College of Law Mediation Clinic, with Professor Becky Jacobs.  We have reserved the first two weekends in February, 2/3-5 and 2/10-12.  I would welcome any of our volunteers, as well as local Rule 31 mediators, attorneys and judges, to contact either Becky or myself to assist in or to attend any of the training sessions.  Our goal is to put forth a clear and concise community co-mediator training curriculum of a high quality.  That, coupled with a good mentoring program, will go a long way to providing the support that volunteer mediators need in our community to do the very challenging and difficult work they do for us.

Another big change this year will be CMC's move toward charging all incoming mediation parties an administrative fee to cover the significant overhead cost involved in intake and scheduling.  (Our average intake and scheduling time is 2-4 hrs before the case is closed.) 

In earlier times, these costs have been covered to some degree by state and federal grants; but in recent years, there has been a steady decline of available funds coupled with more mediation centers to share the ever-smaller pot o' funds. We will still fulfill our mission by providing mediation services, through our volunteers, to those who cannot otherwise afford it.  At the same time, CMC must become sustainable by asking those who can afford to pay to do so.

I will keep you all posted on these and other developments.  Please send me any and all comments and input.  I would welcome the dialogue!
 

--Jackie Kittrell, Interim Executive Director

 

 

Cicero’s Six Mistakes of Man (according to Arthur F. Lenehan):

  1. The delusion that individual advancement is made by crushing others

  2. The tendency to worry about things that cannot be changed or corrected

  3. Insisting that a thing is impossible because we cannot accomplish it

  4. Refusing to set aside trivial preferences

  5. Neglecting development and refinement of the mind and not acquiring the habit of reading and studying

  6. Attempting to compel other persons to believe and live as we do.

 

 

 

Congratulations and welcome to
the new 2006 CMC Board Officers:

- Lisa Carroll, President

- Jim Johnson, Vice-President

- Bob Swan, Secretary

- Sam Fowler, Esquire, Treasurer

- Amy Goff, Member-at-Large


 

 

 

 

Please  discontinue using the following OLD email addresses:
mediate@esper.com
cmcjuvct@esper.com
We've gotten cable internet with Comcast, and will be discontinuing our Esper account by February 1.  The new email addresses will be easy to remember, and can be used beginning NOW:
mediate@2mediate.org
cmcjuvct@2mediate.org

--------------------------------------------------------

Our staff email addresses:   We can receive emails to these addresses, even though when we send you email, it will come from mediate@esper.com or cmcjvct@esper.com

Jackie Kittrell:  jkittrell@2mediate.org
Sharon Upshaw:
supshaw@2mediate.org
Jen Comiskey: 
jcomiskey@2mediate.org  

Eva Wank:  evawank@yahoo.de

 

 

Legal Language

By Don K. Ferguson
(CMC volunteer mediator in Knox County General Sessions Court and author of the "Grammar Gremlins" column that appears in The Knoxville News-Sentinel every Sunday.) 

General Sessions Court

The term "sessions" comes from medieval Latin, where it meant "law-court sitting." In English law, it came to mean "the sitting of justices in court, usually to deal with minor offenses." In the United States, the name is given to courts of general civil and criminal jurisdiction that deal mainly with minor offenses. --Random House and Webster's New International Dictionaries
 

 

 

Mediation Toolbox
This month, I've listed some very good articles available online:

 

 

One of my favorite books this year was Freakonomics.  Here is an article with a reference to it, about a hilarious but pertinent subject for mediators and students of human (and monkey) nature:

NO MONKEYING AROUND: Evolutionary tendency in primates
to prefer loss avoidance over maximizing gain

The Boston Globe features a story on behavioral economics, a field of study which seeks to understand the psychology of economics—why do people behave the way they do in the marketplace?

This article describes studies of primate behavior which seem to indicate we humans possess an evolutionary tendency to prefer avoiding loss over acquiring gain. In a study conducted by two Yale professors, Keith Chen, an economist (who also teaches a course on negotiating strategy), and Laurie Santos, a psychologist, capuchin monkeys were taught how to use money—in this case, metal tokens which could be used as a medium of exchange.

In one experiment, monkeys were given the option to buy one grape, with a 50/50 chance of receiving a second grape. For the same amount of money, monkeys were given another option of buying two grapes, but would face a 50/50 chance of losing one of them. The odds and cost were identical for each option, but most monkeys went with the first option, not the second, demonstrating that they were much more interested in avoiding loss than maximizing gain.

This perhaps bears out what mediators see often in their practice—that a powerful motivation to settle can be the strong desire to minimize or avoid loss. The certainty that a negotiated settlement affords is often far more attractive than the risk of litigation.

But mediation provides more than the opportunity to avoid loss. What is compelling about mediation is its potential to enable disputants to maximize gain as well. If we are hard-wired, as these studies suggest, to prefer loss avoidance over the maximization of returns, to what extent does this propensity blind disputants to opportunities to maximize mutual gain? And what can mediators do to help disputants overcome these deeply ingrained tendencies to ensure that not only do disputants successfully minimize risk but at the same time, too, pull out all the stops on achieving the greatest gain possible?

To learn more about Chen’s and Santos’s studies (which records what is probably the first scientifically documented case of monkey sex for hire), read this hilarious article from Freakonomics.com, which describes not only the research on risk aversion, but also an experiment on cooperation which reveals how monkeys deal with their uncooperative peers.

This article in the Wisconsin State Journal highlights several on-line websites for divorced parents to assist them in communicating with each other and with their children. These helpful tools should be in the “toolboxes” of family mediators. Take a look at these valuable resources – good ideas for parents who cannot, or choose not to, communicate directly with each other as well as for those parents who are not “communication challenged”.

A Day in Dependency Court
This lengthy article reports on the activities of the juvenile court in the Anoka County juvenile court in Minnesota, following Judge Stephen Askew through
a day marked by difficult situations and unsatisfactory decisions, the effects of meth, and ever-present bureaucratic red tape.

One in Ten US Teens Face Major Depression

New data from SAMHSA (Substance Abuse and Mental health Services Administration) says that nearly one in ten American teenagers experienced major depression in 2004 and fewer than half of them were treated.

12% of youths ages 16 or 17 faced severe depression in 2004 compared to 5% of those 12 or 13 years old and,

Among 14 to 15 year olds, 9% experienced a major depressive episode.

Associated with severe depression in adolescents is a likelihood to engage in substance abuse. About 28% of depressed teens used alcohol, nearly 23% smoked cigarettes, and 21% used drugs.

Co-Offending and Patterns of Juvenile Crime

The National Institute of Justice has released this study on juveniles who commit crimes in pairs or in groups, known as co-offending. Researchers linked co-offending with increased risks for recidivism and violence. Interaction among delinquent peers seems to instigate crimes and escalate their severity. The researchers recommend early intervention targeting very young offenders, especially co-offenders. 18 page pdf file.

(from From: Florida Mediator

Hunting and Mediation?

According to this article in The Daytona Beach News-Journal shooting the bird had nothing to do with hunting. A complaint about obscene road rage gestures was resolved in mediation. Actually, it took more than one mediation session to reach an agreement. The parties were a teacher and a public safety director. Who do you think was the “hunter”? There’s more to the story. 

Mediating Death-Row Cases

There’s a new television show called In Justice which premiered on New Year’s Day. The theme involves the National Justice Project, a high-profile, non-profit organization made up of young lawyers and investigators who fight to overturn wrongful convictions, liberate the falsely accused, and discover the identity of those really to blame. How about something similar – mediating death-row cases? According to this article [scroll down the list to “Hard Bargaining”] in the Arab News that’s exactly what the mediator does – he tries, through mediation, to save death-row inmates from, well, death. It’s very interesting reading!

Mediation Is A Riot!

Well, not exactly. According to this article in Outlook India, lawyers from the Delhi Bar Association vigorously [to put it mildly] protested the opening of a mediation center [referred to as a “Mediation Cell”] at a court complex in New Delhi. The Bar claims the cell, started with the help of American trainers from the U.S.-based Ford Foundation for out-of-court case settlements in October was a glaring example of “back-door” entry of foreign legal machinery in India. Hmmmm!!

One of the best ways to persuade others is with your ears
—by listening to them.
 - Dean Rusk 
~ D~ Dean Rusk

 

CMC Wish List for Annex
- upholstered couch and chairs for annex mediator lounge
- wall art for annex mediation rooms
- table lamps for annex mediation rooms
- mediation books and magazines for our lending library
- live green plants, either hanging or floor.

“Be happy. Talk happiness. Happiness calls out responsive gladness in others. There is enough sadness in the world without yours.... never doubt the excellence and permanence of what is yet to be. Join the great company of those who make the barren places of life fruitful with kindness.... Your success and happiness lie in you.... The great enduring realities are love and service.... Resolve to keep happy and your joy and you shall form an invincible host against difficulties.”  
— Helen Keller, American social activist, public speaker and author (1880-1968)




Contact information for our webmaster, Richie Ward
(who has just completed
TVMA's new website):
email:
richard@avalonsites.com