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the neutral
zone
vol.6 issue 1
1.06
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Content
News and Updates
Spread the Word! CMC Volunteer Training
News from the Front
Congratulations to 2006 CMC Officers
Legal Language
Mediation Toolbox
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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
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CMC Board Meeting,
Thursday, January 26, 2006,
time & place TBA
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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
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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 |
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Cicero’s Six Mistakes of Man
(according to Arthur F. Lenehan):
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The delusion that individual advancement is made by
crushing others
The tendency to worry about things that cannot be
changed or corrected
Insisting that a thing is impossible because we cannot
accomplish it
Refusing to set aside trivial preferences
Neglecting development and refinement of the mind and
not acquiring the habit of reading and studying
Attempting to compel other persons to believe and live
as we do.
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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

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